✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Pennsylvania — exactly who inherits under Pennsylvania’s intestate-succession law, and what surprises families most. All shares are from Pennsylvania statute, verified as of June 2026.
In This Pennsylvania Guide:
Who Inherits When There Is No Will in Pennsylvania
Here is exactly how Pennsylvania divides an estate when there is no will:
| If the person leaves… | Who inherits in Pennsylvania |
|---|---|
| Spouse, no children | If the decedent left no surviving issue (children/descendants) AND no surviving parent, the surviving spouse inherits the entire intestate estate (§ 2102(1)). If the decedent left no surviving issue but IS survived by a parent or parents, the surviving spouse receives the first 30000 plus one-half of the balance of the intestate estate (§ 2102(2)). |
| Spouse + shared children | The surviving spouse receives the first 30000 plus one-half of the balance of the intestate estate. The children (issue) split the remaining half equally; if a child predeceased the decedent leaving issue of their own, that child’s share passes by representation to their descendants (§ 2102(3)). |
| Spouse + children from another relationship | When the decedent has surviving issue one or more of whom are NOT issue of the surviving spouse (i.e., children from another relationship), the surviving spouse receives one-half of the intestate estate — there is no 30000 preferential share. The children split the other half equally, with deceased children’s shares passing by representation to their descendants (§ 2102(4)). |
| Children, no spouse | The children (issue) inherit the entire estate in equal shares. If a child predeceased the decedent but left surviving descendants, those descendants take their parent’s share by representation (§ 2103(1)). |
| No spouse, no children | The estate passes in the following order under § 2103: (1) To the decedent’s parent or parents equally. (2) If no parent survives, to the issue of the decedent’s parents — i.e., the decedent’s siblings and descendants of deceased siblings, by representation. (3) If no siblings or their issue survive, one-half to the paternal grandparents (or the survivor, or if both dead to their children and children of their deceased children) and one-half to the maternal grandparents (same rules). (4) If no grandparents or their descendants survive, to the uncles and aunts of the decedent and the children and grandchildren of deceased uncles and aunts, as provided in § 2104(1) — but no issue of a grandchild of an uncle or aunt may inherit (the line stops at first cousins once removed). (5) If none of the above survive, to an endowed community fund in the decedent’s municipality, then school district, then county; only if no such fund exists does the estate escheat to the Commonwealth. |
| No living relatives (escheat) | Under Act 50 of 2025 (effective January 16, 2026), the estate escheats to the Commonwealth of Pennsylvania only if there are no surviving relatives in any of the statutory classes AND no qualifying endowed community fund exists in the decedent’s municipality, school district, or county. Previously, estates with no heirs passed directly to the Commonwealth. |
These shares come from Pennsylvania intestate-succession law (20 Pa.C.S. §§ 2101–2104 (Title 20, Chapter 21 — Intestate Succession), as amended by Act 50 of 2025 (effective January 16, 2026)).
How Pennsylvania divides shares among descendants: Pennsylvania uses a hybrid approach under § 2104(1): when all persons entitled to inherit are in the same degree of consanguinity to the decedent, they take in equal shares (per capita at that generation). When persons in different degrees are entitled, the estate is divided into shares at the nearest living generation, with deceased persons’ shares passing by representation (per stirpes) to their descendants.
Pennsylvania homestead and family allowance: Pennsylvania does not have a traditional homestead exemption for intestate estates. However, it provides a Family Exemption under 20 Pa.C.S. § 3121: the surviving spouse may retain or claim real or personal property (or both) from the estate up to a value of 3500.
If there is no surviving spouse (or the spouse has forfeited rights), children who are members of the same household as the decedent may claim it; if no such children, then parents who are members of the same household. This exemption applies whether the decedent died testate or intestate and is in addition to the intestate share.
Half-blood relatives in Pennsylvania: Under 20 Pa.C.S. § 2104(4), persons of the half blood inherit without distinction from those of the whole blood. A half-sibling has the same inheritance rights as a full sibling.
Assets That Pass Outside Pennsylvania Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets in a living trust pass outside of Pennsylvania’s intestate succession rules and are not governed by Chapter 21. These transfers occur automatically regardless of whether the decedent had a will.
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Other Pennsylvania intestacy rules: (1) Five-day survivorship rule: under § 2104(2), any person who fails to survive the decedent by 5 days is deemed to have predeceased the decedent for intestate succession purposes. If the time of death cannot be determined, the heir is presumed not to have survived.
(2) Partial intestacy: under § 2102(5), if a decedent dies partially intestate, any property the surviving spouse receives under the will satisfies pro tanto (to that extent) the 30000 preferential share under §§ 2102(2) and 2102(3).
(3) Act 50 of 2025 change: effective January 16, 2026, estates with no heirs now pass first to an endowed community fund (held by a community foundation providing charitable grants, intended to exist in perpetuity) in the decedent’s municipality, school district, or county — before escheating to the Commonwealth.
(4) Pennsylvania inheritance cuts off at grandchildren of uncles and aunts (first cousins once removed) — no more remote relatives may inherit under § 2103(5) and § 2104(1).
What Dying Without a Will in Pennsylvania Really Means
When someone dies without a will in Pennsylvania, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Pennsylvania divides an estate when someone is dying without a will in Pennsylvania, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Pennsylvania helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Pennsylvania depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Pennsylvania, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Pennsylvania Sources & Resources
- Pennsylvania Court Self-Help: https://www.pacourts.us/courts/courts-of-common-pleas/registers-of-wills
- Pennsylvania Intestate Succession Statute: https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Pennsylvania intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.