Who inherits with no will in pennsylvania is decided by a state law called intestate succession, not by what your family believes you wanted. When someone dies without a valid will, Pennsylvania’s Probate, Estates and Fiduciaries Code fills the gap. The rules live in Title 20, Chapter 21 of the Pennsylvania Consolidated Statutes. They set a fixed order of heirs and exact dollar shares.
For many grieving families, this comes as a surprise. A spouse may not receive everything. A stepchild may receive nothing. The good news is that the rules are written down, they are public, and they are not hard to follow once someone explains them plainly. This guide walks through them slowly, in order, using the actual statute sections so you can check the law yourself.
What “intestate” really means in Pennsylvania
Intestate simply means dying without a valid will. Probate is the court process that transfers what a person owned to the people entitled to it. In Pennsylvania, probate runs through the Register of Wills in the county where the person lived. Because there is no will, there is no executor named. Instead, the court appoints an administrator under 20 Pa.C.S. § 3155. That person collects assets, pays debts, and distributes what remains.
One important point: intestate rules only govern probate assets. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and property owned jointly with right of survivorship usually pass outside probate. As a result, the intestate estate is often smaller than the family expects. For example, a home held jointly by a married couple typically goes straight to the surviving spouse, no matter what Chapter 21 says.
Pennsylvania also has a five-day survival rule. Under 20 Pa.C.S. § 2104(10), an heir who does not outlive the decedent by five days is treated as having died first.
Who inherits with no will in pennsylvania: the exact shares
The spouse’s share comes from 20 Pa.C.S. § 2102, and it depends entirely on who else survived. Everything left over then passes under § 2103 in a strict order. Here are the figures the statute actually gives.
| Who survives | Surviving spouse receives (20 Pa.C.S. § 2102) | Everyone else receives |
|---|---|---|
| Spouse, no children, no parents | Entire intestate estate | Nothing |
| Spouse and parent(s), no children | First $30,000 plus one-half of the balance | Parents split the remaining half |
| Spouse and children, all of them also the spouse’s children | First $30,000 plus one-half of the balance | Children split the remaining half |
| Spouse and children, one or more not the spouse’s children | One-half of the estate, no $30,000 allowance | All children split the other half |
| No spouse | — | Children, then parents, then siblings, then grandparents, then aunts and uncles |
That $30,000 figure is fixed in the statute and has not been indexed for inflation. Understanding who inherits with no will in pennsylvania therefore means doing simple math on an exact number, not guessing.
When children inherit, they take per stirpes under § 2104(1). Per stirpes means each branch of the family gets one share. For example, if a daughter died before her father, her own children split her share among themselves. If no relative in the § 2103 list survives at all, the estate escheats to the Commonwealth. That is rare, but it happens.
Costs, taxes, and shortcuts worth knowing
Pennsylvania offers a real shortcut for small estates. Under 20 Pa.C.S. § 3102, when the personal property is worth $50,000 or less, a party in interest may petition the Orphans’ Court for direct distribution. Real estate does not count toward that $50,000. There is also a family exemption of $3,500 under § 3121, which a spouse or qualifying household member may claim. Under § 3101, a bank may generally release up to $10,000 to a close family member without letters of administration.
Pennsylvania has no state estate tax, but it does have an inheritance tax, and it applies whether or not there is a will. The rate is 0% for a surviving spouse, 4.5% for lineal descendants such as children and grandchildren, 12% for siblings, and 15% for everyone else. Transfers to a parent from a child aged 21 or younger are taxed at 0%. The return, Form REV-1500, is due nine months after death. However, paying within three months earns a 5% discount.
Register of Wills filing fees are set county by county and scale with estate size, so check your county’s published fee schedule rather than assuming a flat figure.
Calm next steps you can take this week
Start by listing every asset and noting how each one is titled. Joint accounts and beneficiary designations usually control, so figuring out who inherits with no will in pennsylvania begins with sorting probate assets from non-probate ones. Then get several certified copies of the death certificate. You will need them repeatedly.
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Next, contact the Register of Wills in the county where the person lived. Their staff cannot give legal advice, but they can explain forms, fees, and hours. Ask whether the estate might qualify under § 3102. Many families can settle a modest estate without a long court process. If real estate, a business, a blended family, or a disputed heir is involved, you may be able to save money by having a licensed Pennsylvania attorney review the file early.
Finally, if you are reading this while planning ahead, the lesson is simple. Writing a will lets you override these default rules. Pennsylvania generally requires the will to be signed at the end by the testator; two witnesses sign at probate rather than at signing, under 20 Pa.C.S. § 3132.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will in Pennsylvania?
Not always. In most cases, a spouse gets everything only when there are no surviving children and no surviving parents. Otherwise, the spouse typically receives the first $30,000 plus half the balance, or just half if stepchildren are involved.
Do stepchildren or an unmarried partner inherit anything?
Generally no. Pennsylvania’s intestate list in 20 Pa.C.S. § 2103 covers blood and legally adopted relatives only. As a result, an unmarried partner or a stepchild who was never adopted typically receives nothing without a will or a beneficiary designation.
How long does an intestate estate take to settle?
It varies, but the inheritance tax return is due nine months after death, and creditor notice periods add time. Many straightforward estates close in roughly nine to eighteen months. Check with your county’s Register of Wills or a licensed attorney for your situation.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.