Pennsylvania Intestacy Rules: Everything You Need to Know

1 – Husband and Wife are married, Husband dies with surviving spouse but no surviving parents or children. This is as simple as it gets. The surviving wife inherits the entire probate estate.

2 – Husband is married to his partner, both die together in a car accident, survived by their two adopted children. The surviving children each inherit equal one-half (1/2) shares of the probate estate of each decedent.

2.1 – Husband and Wife are married, they die together in a car accident leaving one surviving child and two surviving grandchildren from a predeceased child. All probate assets of each decedent are divided into per stirpital shares at the child level. The surviving child inherits one-half (1/2) of the probate estate. The grandchildren divide the remaining one-half (1/2); meaning each inherit a one-quarter (1/4) of the probate estate.

2.2 – Husband and Wife are married with and two sons, all die together in car accident; one son survived by one daughter, one son survived by three sons. The probate assets of each decedent are divided into per stirpital shares at the grandchild level. The surviving grandchildren each inherit a one-quarter (1/4) share of the probate estate.

3 – Man dies unmarried with no children, survived by both parents. The probate estate is divided equally among the surviving parents. Each parent inherits a one-half (1/2) share of the probate estate.

4 – Man dies survived by only a brother; no spouse, children or parents. The man’s brother inherits the entire probate estate.

4.1 – Woman dies with surviving brother, two surviving nephews of another predeceased brother, and no surviving spouse, children or parents. The probate estate is divided into per stirpital shares at the sibling level. The surviving brother inherits one-half (1/2) of the probate assets, the nephews divide the remaining one-half (1/2), meaning each inherit a one-quarter (1/4) share of the probate estate.

5 – Woman married to her partner, woman dies survived by her partner and both parents (no children). Contrary to popular belief, the surviving partner does not inherit the entire probate estate. The surviving spouse inherits the first thirty thousand dollars ($30,000) of probate assets and one half (1/2) of the remaining probate estate. The remaining one-half (1/2) of the probate estate is divided into equal shares for the woman’s surviving parents.

6 – Husband and Wife are married, Husband dies with surviving spouse, their two children, and his parents. The surviving Wife inherits the first thirty thousand dollars ($30,000) of probate assets and one-half (1/2) of the remaining probate estate. The remaining one-half (1/2) of the probate estate is divided into per stirpital shares for the children (1/4 share to each child).

7 – Husband and Wife are married, Husband dies with surviving spouse, a child of both he and his Wife, and a child of only his Wife’s (step-child). The surviving Wife inherits the first thirty thousand dollars ($30,000) of probate assets and one-half (½) of the remaining probate estate. The husband’s surviving child inherits the remaining one-half (½) of the probate estate. The step-child receives nothing.

7.1 – Husband and Wife are married, Husband dies with surviving spouse, a child of both he and his Wife, and a child of his from a previous marriage. The surviving Wife inherits one-half (½) of the probate estate. The remaining one-half (½) is divided into per stirpital shares for the husband’s children. The two children split the remaining one-half (1/2) and each inherit one-quarter (1/4) of the probate estate. In this case, the wife does not receive the first thirty thousand dollars ($30,000) because the husband has a child from a previous relationship.