Dying without a will · Pennsylvania
What happens if you die without a will in Pennsylvania
Verified June 7, 2026
Who inherits in Pennsylvania
When someone dies intestate — without a valid will — Pennsylvania law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no children, no surviving parents) | Spouse inherits the entire estate. |
| Spouse and surviving parents (no children) | Spouse receives the first $30,000 plus one-half of the balance; the surviving parent or parents receive the remaining half. |
| Spouse and children who are all also the spouse's children | Spouse receives the first $30,000 plus one-half of the balance; children divide the remainder equally. |
| Spouse and children, at least one of whom is NOT the spouse's child | Spouse receives one-half of the estate (no dollar preference); children divide the other half. |
| Children but no spouse | Children inherit the entire estate in equal shares (per stirpes for predeceased children's descendants). |
| No spouse, children, or parents | Estate passes to brothers and sisters and their descendants per stirpes; then to more remote collateral relatives. |
Pennsylvania is a common-law (equitable distribution) state with no community-property system. The $30,000 spousal preference is set by statute (20 Pa. C.S. § 2102) and applies only when all surviving children are also the surviving spouse's children. If even one child is from a prior relationship, that preference disappears and the estate is split 50/50 between the spouse and all children.
If no heirs can be identified, the estate ultimately escheats to the Commonwealth of Pennsylvania. Assets such as life insurance payable to a named beneficiary, jointly held property, and retirement accounts pass outside these intestate rules.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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