Creating a will allows you to decide who will receive your assets and manage your estate after your death. However, if you pass away without one, Pennsylvania’s intestacy laws will determine how your property is distributed.
These laws often leave little room for personal wishes and can lead to outcomes that you may not have intended.
Learning about how intestacy works can help you see why estate planning is so important from the West Chester probate lawyers at ThePeoplesLawfirm.com.
Pennsylvania’s Intestate Succession Laws
When a person dies without a valid will, they are considered to have died “intestate.” In these cases, Pennsylvania’s intestate succession statutes generally dictate who inherits your property.
The resulting distribution will depend, in large part, on your surviving relatives and their relationship to you as follows:
- If you have a spouse and no children or parents: Your spouse inherits everything.
- If you have a spouse and parents but no children: Your spouse receives the first $30,000 of your estate plus half of the remaining assets. The rest goes to your parents.
- If you have a spouse and children (all from that marriage): Your spouse gets the first $30,000 plus half of what remains, and your children share the rest.
- If you have a spouse and children from another relationship: Your spouse receives half of the estate, and your children divide the other half.
- If you have no spouse: Your estate goes to your children. If there are no children, it passes to your parents, then to your siblings, and so on down the line of relatives.
If no living relatives can be found, your estate will “escheat” into the Commonwealth of Pennsylvania.
What Kinds of Property Are Affected by Intestate Succession?
Not all assets go through intestate succession. Only property that would have been included in your will, known as probate property, will be distributed according to these laws.
This typically includes things like:
- Real estate held solely in your name
- Vehicles, bank accounts, and investments owned individually
- Personal belongings and valuables
However, other types of property automatically pass to co-owners and/or named beneficiaries, such as:
- Jointly owned real estate with a right of survivorship
- Retirement accounts and life insurance policies with designated beneficiaries
- Property held in a living trust
With this framework in mind, some of your assets might still be transferred directly to others outside the intestate process, regardless of whether you have a will.
Why Dying Without a Will Can Be Complicated
When there is no will, the probate process can become much more time-consuming and stressful for surviving family members. The court must appoint an administrator to handle your estate instead of an executor of your choosing.
That person will be responsible for collecting assets, paying debts, and distributing property according to the law, not necessarily your preferences.
Dying intestate can also lead to family disputes. For example, if you have children from a prior relationship or wish to leave assets to a non-relative, Pennsylvania law won’t honor those intentions without a valid will in place.
The lack of clarity can easily result in tension and potentially litigation among surviving relatives.
Contact a Pennsylvania Estate Planning Attorney With ThePeoplesLawFirm.com
If you die without a will in Pennsylvania, your estate will be divided strictly by state law, often in ways you might not expect. Don’t leave such important decisions up to chance.
An experienced Pennsylvania estate planning lawyer can help you prepare a will that is in alignment with the law as well as your desired outcomes.
Contact a trusted attorney with ThePeoplesLawFirm.com today at (484) 779-9282 or online to protect your family and ensure your legacy is handled according to your intentions.
