What Happens If You Die Without a Will in Pennsylvania: 2026 Guide

Meta Description: Die without a will in Pennsylvania and your family faces 6-12 months of probate plus $15k-$30k in fees. Here’s who inherits and how to avoid it for $69.

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Picture this: You’re driving on the Schuylkill Expressway (a.k.a. the “Surekill”), some Philly driver cuts you off, and that’s all she wrote. You die. Your family grieves. Then they discover you never made a will.

Welcome to dying intestate in Pennsylvania, where the Keystone State becomes the “Why Didn’t You Plan Ahead” State. Your loved ones spend 6-12 months in Register of Wills offices, pay tens of thousands in legal fees, and watch the Commonwealth decide who gets your row house in South Philly.

If you’ve been putting off estate planning because you’re “too busy” or “not old enough,” this guide is your wake-up call. We’re breaking down exactly what happens when you die without a will in Pennsylvania, who actually inherits (spoiler: maybe not who you’d choose), what probate costs your family, and how to prevent this mess for less than a cheesesteak binge.

Pennsylvania’s intestacy laws don’t care about your relationships, your promises, or who helped you shovel your driveway. They care about legal formulas and bloodlines. Let’s get into it.

Pennsylvania Intestate Succession Laws: The Basics

When you die without a will in Pennsylvania, the Commonwealth’s intestacy laws (20 Pa.C.S. §2101-2114) take over. Think of it as letting Harrisburg politicians decide what happens to everything you’ve worked for.

The Legal Framework: 20 Pa.C.S. §2101 et seq.

Pennsylvania’s Probate, Estates and Fiduciaries Code Section 2101 spells out exactly how your stuff gets divided when you die intestate.

Pennsylvania’s inheritance hierarchy:

1. Surviving spouse
2. Descendants (children, grandchildren)
3. Parents
4. Siblings and their descendants
5. More distant relatives

No living relatives anywhere? Your estate escheats to the Commonwealth of Pennsylvania. They’ll use it for… something. Probably fixing potholes on I-76.

How Pennsylvania Divides Your Estate

Pennsylvania’s division rules are detailed and create complications faster than Pittsburgh traffic during a Steelers game.

Scenario 1: Married with No Children or No Surviving Parents

What happens:

• Your spouse inherits everything
• Clean and simple

The catch: If you both die close together (car accident, house fire), everything your spouse inherited immediately passes to THEIR family under intestacy law, not yours.

Scenario 2: Married with Children (All from This Marriage)

What happens:

• Your spouse gets the first $30,000 of your estate
• Your spouse gets 1/2 of the remaining balance
• Your children split the other 1/2

Example: Estate worth $500,000. Two kids.

• Spouse: $30,000 + $235,000 (1/2 of remaining $470k) = $265,000
• Children: $235,000 ($117,500 each)

The problem: Your minor children now have six-figure inheritances managed by a court-appointed guardian until they turn 18 and can blow it all on crypto and sneakers.

Scenario 3: Married with Children from Another Relationship (Blended Family)

This is where Pennsylvania gets ugly.

What happens:

• Your spouse gets 1/2 of your estate
• Your children (from ANY relationship) split the other 1/2

Note: NO $30,000 exemption when you have kids from another relationship.

Example: You remarried at 52. Two adult kids from first marriage. Estate: $600,000 including your $450,000 Lancaster County home.

• Current spouse: $300,000 (1/2)
• Your two kids from first marriage: $300,000 ($150,000 each)

Your spouse and your ex’s kids now co-own the house. Your spouse wants to stay. Your kids want their money. No one can afford buyouts. Forced sale. Family relationships destroyed.

Scenario 4: Married with Parents but No Children

What happens:

• Your spouse gets the first $30,000
• Your spouse gets 1/2 of the remainder
• Your parents get the other 1/2

Example: You’re 38, married, no kids yet. Die in motorcycle accident. Estate: $300,000.

• Spouse: $30,000 + $135,000 (1/2 of $270k) = $165,000
• Parents: $135,000 (split $67,500 each)

Your grieving spouse now has to split your estate with your parents. Creates awkwardness at minimum, litigation at worst.

Scenario 5: Single with Children

What happens:

• Your children inherit everything equally

If they’re minors:

• Court appoints a guardian to manage inheritance until age 18
• At 18, full control (whether ready or not)

Scenario 6: Single, No Children

What happens:

• Parents inherit everything (split equally if both alive)
• If no parents, siblings inherit (split equally)
• If no siblings, more distant relatives per statute

The Commonwealth will find a relative somewhere. Your third cousin from Scranton you met once? Might get your entire estate.

What about your best friend? Nothing. Zero. Invisible.

Special Cases in Pennsylvania Intestacy

Adopted Children:
Full inheritance rights identical to biological children.

Stepchildren:
Zero inheritance rights unless legally adopted. You raised them for 15 years? Doesn’t matter under intestacy law.

Half-Siblings:
Same inheritance rights as full siblings.

Children Born Out of Wedlock:
Inherit from mother automatically. Inherit from father only if:

• Parents married after birth
• Father acknowledged paternity in writing before two witnesses
• Father’s paternity established by court
• Genetic testing establishes paternity after death

Posthumous Children:
Children conceived before death but born after inherit as if they were alive at death.

Domestic Partners / Unmarried Couples:
Zero inheritance rights. Pennsylvania doesn’t recognize common law marriage (except those established before January 1, 2005, or validly created in other states).

Your partner of 25 years? Not married = not inheriting.

Same-Sex Spouses:
Full spousal inheritance rights (federal marriage equality).

The Pennsylvania Probate Process: Register of Wills Adventure

Pennsylvania probate happens at the county Register of Wills. Here’s your family’s 6-12 month journey.

Step 1: File Petition with Register of Wills (Weeks 1-4)

Someone (usually spouse or adult child) must file with the Register of Wills in the county where you lived.

Pennsylvania has 67 counties, each with its own Register of Wills:

• Philadelphia County
• Allegheny County (Pittsburgh)
• etc.

Required documents:

• Death certificate
• List of assets and values
• List of debts
• Names and addresses of heirs
• Filing fee: Varies by county ($75-$200)

The Register reviews the petition and issues “letters of administration” granting authority to act.

Step 2: Administrator Appointed (Weeks 2-6)

Pennsylvania priority for administrator (20 Pa.C.S. §3155):

1. Surviving spouse
2. Children or their representatives
3. Grandchildren or their representatives
4. Other heirs
5. Creditors
6. Register’s discretion

The administrator must post a bond.

Bond cost: Varies, typically $300-$800 plus annual premiums based on estate value.

Administrator duties:

• Collect all assets
• Notify creditors
• Pay valid debts
• File tax returns
• Manage estate during probate
• Distribute per PA intestacy law
• Provide accounting

Step 3: Notify Creditors (Months 1-4)

Pennsylvania doesn’t require newspaper publication but the administrator must:

• Send written notice to all known creditors
• Give creditors at least 1 year from death to file claims

Creditor priority in Pennsylvania:

1. Costs of administration
2. Family exemption ($3,500 to surviving spouse/children)
3. Funeral expenses (reasonable amount)
4. Costs of decedent’s last illness
5. Rent from last 6 months
6. Wages from last 6 months
7. Federal taxes
8. State taxes
9. All other claims

Step 4: Inventory Assets (Months 2-6)

The administrator must inventory and value all assets:

• Real estate (professional appraisal required)
• Bank accounts
• Investments
• Personal property
• Business interests
• Digital assets

Appraisal costs in PA: $350-$700 per property

Step 5: Pay Debts and Taxes (Months 4-10)

Before heirs see anything:

• Pay all valid creditor claims
• File final income tax returns (federal and PA)
• Pay inheritance tax
• File estate tax return if applicable

Pennsylvania Inheritance Tax (Yes, Pennsylvania taxes death):

Relationship	Tax Rate
Surviving spouse	0%
Children (biological/adopted)	4.5%
Siblings	12%
Other heirs	15%

Due within 9 months of death (3% discount if paid within 3 months).

Example: You leave $500,000 to your two adult children.

• Inheritance tax: $22,500 (4.5% of $500k)
• If paid within 3 months: $21,825 (3% discount)

Pennsylvania has no state estate tax. Federal estate tax applies only to estates over $13.61 million (2024).

Step 6: Final Accounting and Distribution (Months 8-12)

The administrator files a final account with the Register of Wills showing:

• All assets
• All debts paid
• All taxes paid
• Proposed distribution to heirs
• Request for administrator compensation

Administrator compensation in PA: “Reasonable compensation,” typically 5% of estate value.

Heirs can object to the accounting. Objections trigger court proceedings and delay distribution.

Step 7: Distribution to Heirs (Months 9-12+)

Once approved, assets are distributed per Pennsylvania intestacy law.

Timeline:

• Simple estates: 6-9 months
• Moderately complex: 9-12 months
• Complex or contested: 12-18+ months

The Cost of Pennsylvania Probate

Pennsylvania probate costs less than some states but still hurts.

Typical Costs for a $400,000 Estate:

Expense	Cost Range
Register of Wills filing fee	$75-$200
Attorney fees	$10,000-$18,000
Administrator fees	$15,000-$20,000
Bond	$300-$800
Appraisals	$350-$700 per property
Accounting	$750-$1,500
PA Inheritance Tax	$18,000 (4.5% to children)
Miscellaneous	$500-$1,500
Total	$44,975-$60,700

With Killswitch: $69

99.85% less expensive.

Small Estate Procedures (The Exception)

Pennsylvania offers simplified procedures for small estates:

Small Estate Affidavit (20 Pa.C.S. §3102):

• Estate value $50,000 or less (not including real estate)
• No will
• Wait 21 days after death
• Simplified filing
• Avoids full probate

If you own real estate or have assets over $50,000, you’re back to regular probate.

Everything Is Public Record

Pennsylvania probate files are public. Anyone can access at the Register of Wills:

• Your assets and their values
• Your debts
• Who your heirs are
• Family disputes
• How much everyone inherited

Many counties have online records. Google-able.

Real-World Pennsylvania Consequences

Pennsylvania’s mix of urban/rural, Rust Belt economics, and blended families creates specific problems.

The Pittsburgh Multi-Family House

Real scenario: Man owns duplex in Pittsburgh’s South Side. Lives in one unit, rents the other. Dies without will. Three adult children inherit equally.

Problems:

• Can’t agree whether to sell or keep renting
• One child wants to move in, others refuse
• Rental income must be split 3 ways
• Property taxes, maintenance, repairs require unanimous approval
• Property deteriorates during 14-month family dispute
• Tenants leave
• Finally forced sale at reduced price
• Legal fees consume 30% of proceeds
• Siblings never speak again

Farmland Inheritance Wars

Real scenario: Central PA farmer dies intestate. 200-acre farm worth $1.2 million. Four adult children inherit equally.

• Two children work the farm
• Two children moved to cities decades ago
• Working children can’t afford to buy out siblings
• Non-farming siblings want cash now
• Farm must be sold
• Farm in family for 4 generations, now gone
• Farm sells to developer
• Becomes housing development

Philly Row House Complications

Real scenario: Woman owns row house in Philadelphia. Lives with domestic partner of 20 years (not married). Dies without will. Her adult son from first marriage inherits entire house.

• Partner of 20 years has no legal claim
• Son wants to sell house
• Partner can’t afford to buy house at market rate
• Partner loses home and must move
• Relationship of 20 years means nothing legally

The Scranton Small Business

Real scenario: Owner of successful Scranton restaurant dies without will. Wife and two adult children inherit. Wife gets 1/2, kids split 1/2.

• Wife worked in business daily
• Kids never involved
• Can’t agree on management
• Kids want to sell, mom wants to keep
• Business value drops 40% during family dispute
• Key employees quit
• Customers leave
• Finally sells for fraction of value

How to Avoid Intestacy in Pennsylvania: Protect Your Family

Pennsylvania offers several estate planning options. Here’s how to take control.

Option 1: Create a Will (The Minimum)

A will doesn’t avoid probate in Pennsylvania, but it:

• Lets YOU decide who inherits
• Lets YOU pick guardians for minor children
• Names YOUR executor
• Can create trusts for minors
• Reduces probate time
• Prevents family feuds
• Costs 99.85% less than dying intestate

Pennsylvania will requirements:

• Age 18+ and mentally competent
• Written document
• Signed by you (or someone at your direction in your presence)
• Signed by two witnesses (can be attested or holographic)

Pennsylvania DOES recognize holographic (handwritten) wills if:

• Entirely in your handwriting
• Signed by you
• Material portions in your handwriting

But witnessed wills are safer and harder to challenge.

Traditional PA attorney: $800-$2,000 for simple will

Killswitch: $69, valid in all 50 states including Pennsylvania, unlimited updates

Option 2: Revocable Living Trust (Avoid Probate)

A living trust holds assets during your lifetime. At death:

• Assets in trust skip probate entirely
• Beneficiaries get assets in weeks
• Everything stays private
• No court involvement
• No PA inheritance tax savings (still owed)

Benefits:

• Avoids probate delays and public records
• Great for multi-state property owners
• Maintains privacy
• Manages assets if you become incapacitated

Downsides:

• Costs $2,500-$5,000 to establish
• Must transfer all assets to trust
• Requires ongoing management

Option 3: Beneficiary Designations

These assets skip probate:

• Life insurance policies
• Retirement accounts (401k, IRA)
• Bank accounts (Payable on Death - POD)
• Investment accounts (Transfer on Death - TOD)

Transfer immediately to beneficiaries. No probate. No waiting.

Important: Keep beneficiaries current. Ex-spouses, deceased people, or old designations still control unless updated.

PA inheritance tax still applies to these transfers (except spouse, 0%).

Option 4: Joint Ownership

Joint Tenancy with Right of Survivorship:

• Automatic transfer to surviving co-owner
• Avoids probate

Tenancy by the Entireties:

• Married couples only
• Protects from individual creditors
• Good for primary residence

Tenancy in Common:

• Goes through probate (avoid for estate planning)

Risks:

• Co-owner can drain account
• Co-owner’s creditors can attack asset
• Can create gift tax issues
• Can accidentally disinherit intended beneficiaries

Option 5: Transfer on Death Deed

Pennsylvania DOES allow Transfer on Death deeds for real estate (enacted 2017).

How it works:

• Deed recorded during your lifetime
• Names beneficiary who inherits at death
• You keep full control while alive (can change or revoke)
• Property transfers automatically at death
• Avoids probate entirely

Requirements:

• Must be recorded before death
• Must follow PA statutory form (21 Pa.C.S. §8401)
• Must comply with local recording requirements

Best for: Pennsylvania homeowners who want simple estate planning.

The Smart Pennsylvania Strategy

Minimum protection:

1. Will ($69 with Killswitch)
2. Beneficiary designations on accounts
3. TOD deed for real estate (if simple estate)
4. Joint ownership with spouse on bank accounts

Better protection:

1. Will
2. TOD deed for real estate
3. Beneficiary designations
4. Powers of Attorney (financial and healthcare)
5. Living will / advance directives

Maximum protection (complex estates, blended families):

1. Revocable Living Trust
2. Pour-over will
3. Beneficiary designations
4. Powers of Attorney
5. Healthcare directives

Killswitch: Pennsylvania Estate Planning Made Simple

You know what happens if you die without a will in Pennsylvania. Your family spends 6-12 months in probate, pays $45,000-$60,000 in fees and taxes, and the Commonwealth decides who gets your stuff.

Or spend 30 minutes and $69 to make these decisions yourself.

How Killswitch Works for Pennsylvanians

Killswitch is online will creation for people who’d rather spend time doing literally anything else than sitting in a law office.

What you get:

• Legally valid Pennsylvania will in 30 minutes
• Unlimited free updates (marriage, divorce, kids, move—update anytime)
• Plain English (no legalese)
• Instant download and secure storage
• 14-day money-back guarantee

What you can specify:

• Who inherits what (specific bequests)
• Guardian for minor children
• Executor
• Trusts for minors (better than court guardian)
• Digital assets
• Funeral wishes

Pennsylvania compliance:

• Meets all 20 Pa.C.S. requirements
• Proper witness requirements
• Valid in all 67 PA counties
• Works with Register of Wills

Cost comparison:

Option	Cost	Time	Updates
PA attorney	$800-$2,000	2-4 weeks	$300+ each
LegalZoom	$99-$299	1 hour	$99+ each
Killswitch	$69	30 minutes	Free forever

Note: A will doesn’t eliminate PA inheritance tax (your heirs still pay). But it gives you control over everything else.

Frequently Asked Questions: Pennsylvania Estate Law

Does Pennsylvania have an inheritance tax?
Yes. PA inheritance tax rates: 0% (spouse), 4.5% (children), 12% (siblings), 15% (others). Due within 9 months; 3% discount if paid within 3 months.

Does Pennsylvania have an estate tax?
No. PA eliminated its estate tax. Federal estate tax only applies to estates over $13.61 million (2024).

Are handwritten wills valid in Pennsylvania?
Yes, if entirely in your handwriting and signed. But witnessed wills are safer.

Can I disinherit my spouse?
Not entirely. PA gives surviving spouses an elective share of at least 1/3 of your estate.

Can I disinherit my children?
Yes, but you must explicitly state this in your will. Just not mentioning them isn’t enough—they could claim you forgot.

What about Transfer on Death deeds?
Yes, PA allows TOD deeds for real estate (since 2017). Great way to avoid probate for your home.

Do domestic partners have inheritance rights?
Only if you’re legally married. Domestic partners without marriage have zero inheritance rights under intestacy law.

What if I own property in PA and another state?
You’ll need probate in both states (ancillary probate). A revocable living trust avoids this.

How long to contest a will in Pennsylvania?
Generally within 1 year of the will being probated, but sooner is better.

Key Takeaways: Don’t Let Harrisburg Decide Your Legacy

What happens without a will in PA:

• PA intestacy law decides who inherits (not you)
• 6-12 months of probate
• $45,000-$60,000+ in costs (including inheritance tax)
• Court picks guardian for minor children
• Everything becomes public record
• Blended families end up fighting

Who inherits:

• Married with kids: Spouse gets $30k + 1/2 remainder, kids split other 1/2
• Married with kids from another relationship: Spouse gets 1/2, kids split 1/2 (no $30k exemption)
• Single with kids: Children split everything
• Single, no kids: Parents, then siblings, then extended family

How to prevent it:

• Create a will ($69 with Killswitch)
• Use TOD deed for real estate
• Designate beneficiaries on all accounts
• Consider living trust for complex estates
• Update after major life events

Bottom line: Dying without a will in Pennsylvania means your family spends 6-12 months in probate and $50,000+ in fees/taxes while the state decides your legacy. Or spend 30 minutes and $69 to make those decisions yourself.

Your move, Pennsylvania.

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