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While no one likes to think about death, everyone eventually will pass on. Planning ahead allows your loved ones to be financially secure and helps to avoid disputes over your estate. The last thing you want is to trigger intense arguments and confusion by not leaving a clear will.

In Pennsylvania, not having a will when you die is known as dying intestate. When this happens, the state must step in to determine how your estate will be divvied up. Unfortunately, the state’s regulations on dividing estates often won’t match what you have in mind, which is why it’s so important to make sure you have a will in place before anything happens.

What Happens When You Die Without A Will in Pennsylvania? 

If you live in Pennsylvania, dying without a will means that you are passing away intestate. Pennsylvania’s intestacy statutes, located in Title 20 of the Pennsylvania Consolidated Statutes, kick in at this point.

The intestacy statutes are basically the default method for dividing up someone’s estate. They don’t have any specific provisions for special-needs children, complicated family structures, or treasured family homes. If it’s important to you to leave an asset to a friend, family member, or charity, you have to put your will in writing. Otherwise, the state will divvy up what remains from your estate after creditors and taxes are paid.

How Pennsylvania Intestacy Laws Distribute Property

The intestacy laws in Pennsylvania strictly divide property based on your marital status and the relationship someone has to you. Here’s a brief rundown of how it looks for married and non-married people.

Intestacy Rules in PA for Married Individuals

• Spouse (no living children or parents): Your spouse inherits the estate.
• Spouse and parents surviving (no children): Your spouse receives the first $30,000 plus half of the remaining estate. Then, your parents inherit the rest.
• Spouse and children from that spouse: Your spouse inherits the initial $30,000 and half of the rest. Afterward, your children share the remainder.
• Spouse and children from a previous relationship: Your children and spouse split the estate in equal shares. In this instance, the spouse isn’t given a $30,000 priority.

Intestacy Rules in PA for Single Individuals

• Children only: The estate is divided equally among your children.
• No children, but your parents are living: Your parents inherit everything.
• No children or parents, but siblings or their descendants are living: Your siblings or your siblings’ descendants will inherit the estate.
• No immediate family: If none of your immediate relatives remain living, the estate is given to more distant relatives. 
• No relatives at all: If you have no living relatives at all, your estate is given to the Commonwealth of Pennsylvania in something that is called escheat.

Why You Shouldn’t Rely on Intestacy Laws

While you have no legal obligation to create a will, you don’t want to just rely on Pennsylvania’s intestacy laws. This type of approach is unlikely to match your wishes, so your estate may go to the wrong people. For instance, you may have wanted your spouse to have everything instead of being forced to share your estate with children from a different relationship.

Similarly, intestacy laws aren’t designed for complicated or blended families. Perhaps you have a close friend who is like an aunt or an unmarried partner who deserves the estate. Unless you make a will, they will be left with nothing. Worse still, dividing property without a will is likely to lead to family conflicts and disputes. For your loved ones, these disputes can cause financial hardship from delays in accessing funds.

If you have minor children, you need a will to protect their future. Your will can determine guardianship of minor children, so they are secure.

How a Skilled Estate Attorney Can Help

With the help of a skilled will lawyer in PA, you can avoid the most common pitfalls associated with making a will. At the Clause Law Group, we can guide you through the entire process, so your last will and testament is properly drafted and legally enforceable. 

Our talented attorneys can help in a few important ways.

• Manage Complex Situations: From blended families to business ownership, an attorney can help create a plan that reflects your circumstances.
• Ensure Compliance With State Law: Every state has specific requirements for wills. Your attorney will ensure that your will meets Pennsylvania’s legal standards.
• Provide Clarity: With the help of our attorneys, you can ensure your will is clearly written and avoid ambiguities that could result in a dispute.
• Comprehensive Support: In addition to a will, our estate planning lawyers can prepare powers of attorney, living wills, and trusts.
• Ensure Peace of Mind: More importantly, a top-rated attorney can give you peace of mind. We can make sure your loved ones are financially secure, and your wishes are followed to the letter.

Don’t Risk Your Family’s Future

If you die without a will in Pennsylvania, the state decides how your estate is divided. While intestacy laws provide a default plan, they often fail to reflect personal wishes, nontraditional families, and unique circumstances. They can also create stress, disputes, and financial hardship for your loved ones.

Fortunately, you have the power to control how your estate is divided. By getting the help of a local attorney, you can write your last will and testament in PA. 

Find out more information by reaching out to our team today.