Who gets your property if you die without a last will and testament in Pennsylvania? This is legally referred to as dying intestate. Each state has enacted an intestate succession statute to address this issue. These statutes are government formulated and mandated estate plans. If there is no Will, these statutes how all of the deceased’s probate property will be distributed. Here is a link to Pennsylvania’s statute for reference.
The answer to this inquiry depends which family members or relatives survived the person who died (the decedent) without a Will. This page seeks to explain in clear terms with simple examples what happens to a person’s probate assets if he or she dies intestate in Pennsylvania.
Before the examples begin, remember, property that is held joint with the right of survivorship or that has a beneficiary designation will not follow the intestacy statute. Each example below has a pictograph example, simply click on the box to the right. As always, please contact us for a free consultation if you have any questions.
We start with some fairly straightforward examples, then move onto more complex family situations at number 8 below.
This is where our analysis becomes tricky. As long as there are living relatives of the decedent as distant as a child of a first cousin, the probate estate is inherited by a relative. Otherwise, the probate estate passes to the Commonwealth of Pennsylvania.
The first step of the analysis is to divide the probate estate into two equal shares; one for the maternal grandparents (and their descendants) and one for the paternal grandparents (and their descendants). Note: If there are no surviving relatives as close as a grandchild of a grandparent on the maternal side, but there are on the paternal side, no division takes place, and the estate passes entirely to the paternal side of the family and vice versa. In some examples, the discussion takes place solely on the paternal side however the same analysis is necessary on the maternal side.
I hope this review of a complicated subject has been helpful to you. If you have further questions about intestate succession in Pennsylvania, feel free to contact us for a free consultation with one of our Pennsylvania Probate Lawyers.
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