When someone passes away without a will, it can be a stressful and overwhelming experience for the loved ones left behind. They will be confused about what happens next. Who gets what? Who makes the decisions?
In Pennsylvania, the laws of intestacy provide a framework for distributing the deceased person’s assets and property. But without a clear understanding of these rules, families can become entangled in a web of complexity and conflict.
What you need to know about the state’s intestacy laws
In Pennsylvania, when someone passes away without a will, the state’s intestacy rules dictate how executors distribute their assets and property among their loved ones. These rules provide a clear framework for distributing the estate.
- Spouse and no children or parents: In this scenario, the spouse inherits the entire estate.
- There are no children, but there’s a spouse: If an individual passes away without a will, leaving a spouse but no children, the entire estate goes to the spouse.
- Spouse and children: When an individual dies without a will, leaving behind a spouse and children, the spouse receives half of the estate. If the children are also the spouse’s biological children, the spouse also gets an additional $30,000. If not, the spouse only receives half of the estate. The remaining half is divided equally among the children, as long as they are in the same generation.
- Children but no spouse: If an individual dies without a will, leaving behind children but no spouse, the children inherit the entire estate.
- Parents: If an individual passes away without a will, leaving behind parents but no children or spouse, the parents share the estate equally.
By understanding these intestacy rules, individuals can better plan their estate before they pass on. They can also ensure that the people they leave behind will respect their wishes.
Taking control of your legacy
Understanding the state’s intestacy rules and taking proactive steps to create a comprehensive estate plan can provide peace of mind to yourself and your loved ones. These are crucial steps to ensure that your executor distributes your hard-earned assets according to your values and priorities.
