Dying without a will and the PA Intestacy Statute
Posted on 26. Mar, 2009 by emmettjones in Wills
Dying without a will is not the worst thing in the world, although it can create a myriad of problems for your surviving loved ones. That being said, having a will is definitely the best course of action (See: Why do you need a Will?). But, what if its too late for a will? How will an estate’s assets be distributed?
By the intestacy laws of the particular state.
Pennsylvania’s intestacy statute can be found at 20 Pa.C.S. §§ 2101 et seq.As I mentioned earlier, it deals with the distribution of a decedent’s estates in the event that they died without a valid will. Some highlights of note,
- If a decedent dies intestate, but has surviving children who are also children of a surviving spouse, the spouse receives the first $30,000 of the estate plus 1/2 of the remaining estate (the rest going to the surviving children in equal shares)
Example: John and Jane are married with two kids, Sam and Lucy. John dies without a will, and having an estate valued at $230,000. Under PA intestacy rules, Jane would collect the first $30,000 then receive half of the remaining estate (Half of 200,000 = $100,000), making her total distribution $130,000. The other $100,000 would be split between the children equally, $50,000 going to each. Again, its important to note that if the children are minor children, the court will appoint a guardian/trustee over their money until they are adults. Under PA law, that guardian CAN NOT be Jane, so John’s dying intestate essentially takes away $100,000 from his family for their immediate care.
- If a decedent dies intestate, but has a surviving spouse and a surviving child, who is not the child of the surviving spouse, then the spouse and the child would each split the estate.
Example: John and Jane are married, with John having one child Sam, who is from another marriage. John dies without a will and an estate valued at $200,000. Under PA intestacy rules, Jane and Sam would each split John’s estate, with each party receiving $100,000.
- If a decedent dies intestate, without a surviving spouse then the distribution of the estate goes as follows: to children, to parents, to brothers, sisters, or their children, to grandparents, to uncles, aunts, their children and grandchildren, to the commonwealth of Pennsylvania.
Example: John is not married, and he has no children. He dies without a will with an estate valued at $200,000. Under PA intestacy rules, John’s parents, if alive, will split the estate equally. If the parents are not alive, you follow the the rule listed above.
This is just a sampling of the different rules that could effect you or your loved one’s estate if they die without a will. Since each situation is different, it is advisible that you speak with attorney regarding your rights and distribution status.
