A will is a crucial document used in estate planning that allows individuals to specify how they would like their assets distributed after they pass away. However, not everyone dies with a valid last will and testament in place. So, what happens to the assets in their estate? Pennsylvania Intestacy Laws come into play and determine how a decedent’s assets will be distributed amongst their surviving loved ones.
Pennsylvania’s Intestacy Laws
There are many different scenarios and family dynamics that can be present when someone passes away. They could have a spouse and no other surviving family, just their parents, or a mix of parents, children, and siblings. In each case, the protocol for proper asset distribution is outlined under the intestacy laws of PA. The first heirs in line to receive property from the decedent’s estate are the surviving spouse and the decedent’s children. If the individual has no surviving spouse or children, parents, and siblings become the next in line. Below is a brief outline of “who gets what” in the event a loved one passes away intestate.
| If you leave behind… | They get… |
| Spouse & Children (of same marriage) | Spouse gets first $30,000 of the estate, remaining balance is split between the children and spouse |
| Spouse & children (of different marriages) | Spouse and Children split estate equally. |
| Spouse; No Children | Spouse inherits the entire estate |
| Children; No Spouse | Children inherit the entire estate, split evenly amongst them |
| Spouse & Parents | Spouse gets first $30,000 of the estate, remaining balance is split between the parents and spouse |
| Parents; No Spouse or Children | Parents inherit the entire estate |
| Siblings; No Spouse, Children, or Parents | Siblings inherit the entire estate |
Appointing an Administrator
When an individual drafts their will, they name an individual who will be the Executor of their estate. In the event that someone passes away without a valid will in place, an Administrator must be appointed by the Office of the Register of Wills in the county in which the decedent lived at the time of their passing. Usually, a surviving spouse or child will be appointed as the administrator of the decedent’s estate.
It is highly advisable to work with an experienced estate planning attorney through this process, as you must formally file a petition to be granted Letters of Administration that name the administrator of the estate and allow them to access, manage, and eventually distribute assets of the decedent’s estate. After the Letters of Administration are granted, the estate administration process can begin.
Distribution of the Estate’s Assets
It is very important to note that before assets of the estate can be distributed, the decedent’s debts, taxes, funeral expenses, and any legal fees due associated with the estate administration process must be paid. Everything remaining after due payments are made will be part of the distributable estate.
The team at Antanavage Farbiarz has extensive experience in guiding individuals through the estate administration process, whether a will was left by the decedent or not. Our family is here for your family, ready to assist you with a complicated process during a difficult time with the compassion and care you deserve. Call our office at (610) 562-2000 to schedule a consultation today or click here to learn more.
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