In Pennsylvania when resident dies without a will, they are said to have died "intestate." When someone dies intestate, Pennsylvania intestacy laws will determine how the deceased person's estate is distributed. There are plenty of complications that can arise when this happens but here is a a basic overview of how the assets of the estate will be divided up:
Spouse's Rights:
If the deceased person is survived by a spouse and no descendants or parents, the spouse receives the entire estate.
If there are a spouse and descendants from the deceased and the spouse, and the spouse has no other descendants, the spouse receives the first $30,000 plus half of the remaining estate. The rest goes to the descendants.
If there are a spouse and descendants from the deceased and someone other than the spouse, the spouse gets half of the estate. The rest goes to the descendants.
If there are a spouse and parents but no descendants, the spouse receives the first $30,000 plus half of the remaining estate. The rest goes to the parents.
If No Surviving Spouse:
If the deceased person is survived by descendants but no spouse, the entire estate goes to the descendants.
If there are no descendants but the deceased's parents are alive, then the parents receive the estate.
If there are neither descendants nor parents, the estate will go to the deceased's siblings, and so on.
No Immediate Family: If the deceased has no surviving spouse, descendants, parents, or siblings, the estate can go to more distant relatives, such as grandparents, aunts, uncles, or cousins.
Escheat: If no relatives can be located or the deceased has no surviving relatives, the estate "escheats" (or reverts) to the Commonwealth of Pennsylvania.
Partial Intestacy: It's also possible for someone to die "partially intestate." This happens when a person has a will, but the will doesn't distribute the entire estate. In such cases, anything not covered by the will would be distributed according to Pennsylvania's intestacy laws.
Administration of the Estate: When someone dies intestate in Pennsylvania, the court will appoint an administrator to handle the deceased person's estate. This is similar to an executor, but an executor is a person named in a will to manage the estate, while an administrator is appointed by the court when there's no will.
If you are dealing with a situation involving intestacy in Pennsylvania or any legal matter, you should consult with an attorney who specializes in Pennsylvania estate law. They can provide guidance specific to your situation.
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