What Happens If You Die Without a Will in Pennsylvania?
Wills
Dying without a will in Pennsylvania means your estate will be distributed according to the state’s intestacy laws—not necessarily how you would have chosen. This process can lead to unintended outcomes, lengthy delays, and family disputes.
At Clause Law Group, we help families understand their rights when a loved one dies without a will. If you’re navigating Pennsylvania probate without clear instructions from the decedent, here’s what you need to know.
Intestate Succession: Who Inherits?
When someone dies “intestate” (without a valid will), the Pennsylvania Probate Code determines who inherits their assets:
- Spouse only (no children or parents): Entire estate goes to spouse.
- Spouse and children (from both spouses): Spouse gets first $30,000 + half of remaining estate; children split the rest.
- Spouse and children (not all from current marriage): Spouse gets half; children get the other half.
- Spouse and parents (no children): Spouse gets first $30,000 + half of remaining estate; parents get the rest.
- No spouse: Children inherit everything.
- No spouse or children: Parents inherit everything.
- No immediate family: Siblings, nieces, nephews, and more distant relatives may inherit.
If no heirs can be found, the estate “escheats” to the Commonwealth of Pennsylvania.
Problems That Can Arise Without a Will
Dying without a will can cause numerous complications:
- Delays: Appointing an administrator without a will takes longer than appointing an executor named in a will.
- Disputes: Family members may fight over property, guardianship, or burial wishes.
- Higher costs: Legal fees and court supervision increase when no clear plan is in place.
- Unintended heirs: Assets might go to estranged or distant relatives instead of chosen loved ones or charities.
Who Becomes the Administrator?
If there is no will naming an executor, the Orphans’ Court appoints someone (often a surviving spouse or adult child) to serve as the estate’s administrator. This person has the same duties as an executor but must often obtain court approval for more actions.
Why You Should Have a Will
Creating a will allows you to:
- Decide who receives your property
- Name guardians for minor children
- Choose an executor you trust
- Make charitable gifts or protect special needs heirs
Even a simple will can prevent unnecessary hardship for your loved ones.
Talk to a Pennsylvania Wills Attorney
If you’ve lost someone who didn’t have a will, or if you want to avoid these issues for your own family, Clause Law Group is here to help. We’ll guide you through the probate process and help you create a clear and enforceable estate plan.
Call Clause Law Group at (570) 676-5212 to schedule your free consultation today.
