Intestacy: What Happens Without a Will

Roughly two out of three American adults do not have a will. When a Pennsylvania resident dies without one, the estate doesn't go to the government (a common myth) — it goes to relatives in a fixed order dictated by 20 Pa.C.S. §§ 2101–2114. You don't get to choose. The statute chooses for you.

The result is often not what the decedent would have wanted. The intestacy formula is mechanical — it doesn't account for estranged children, a partner of 20 years who isn't a legal spouse, stepchildren you raised as your own, or the sibling who cared for you versus the one who didn't speak to you for a decade. Everyone in the same category gets the same share, period.

The Basic Intestate Framework

Pennsylvania's intestate succession follows a strict hierarchy. The surviving spouse receives the entire estate only if there are no children and no surviving parents. If the decedent had children who are also children of the surviving spouse, the spouse receives the first $30,000 plus half the balance — the children split the rest. If any children are from a prior relationship, the spouse receives only half — no $30,000 credit. If there is no surviving spouse, everything goes to children in equal shares. If no children, to parents. If no parents, to siblings. The statute continues through increasingly remote relatives before the estate escheats to the Commonwealth — but escheat is extremely rare.

Two critical points people miss: first, the intestate share is calculated on the probate estate only — it does not include life insurance, retirement accounts, jointly held property, or anything with a beneficiary designation. Those assets pass outside probate regardless of the intestacy rules. Second, the personal representative of an intestate estate must still go through the full probate process — there is no shortcut because there's no will.

Pennsylvania Intestate Succession — Interactive Guide

Use the flowchart below to find your family scenario, then see exactly how the estate would be divided under Pennsylvania law. All dollar examples use a $200,000 estate.