What Happens If Someone Dies Without a Will in Pennsylvania?

A few years ago, our office got a call from a woman in a Pittsburgh hospital. She had lived in Indiana for many years, never married, and had just been told she had only a few weeks to live. She was at peace with the news. What worried her was that she had never made a will.

She knew exactly what she wanted. Her neighbor, a close friend, had cared for her through most of her illness: driving her to appointments, checking in on her, keeping her company. She hadn't spoken to any of her relatives in years. She wanted everything she owned to go to that neighbor.

We drafted her will and arranged to meet her at the nursing home where she was being moved. But within hours of arriving there, her condition took a turn. She became septic, was rushed back to the hospital, and lost consciousness. She passed away a few days later.

We knew what she wanted. The will was sitting on our desk. But she never had the chance to review it or sign it, and an unsigned will has no legal effect. Her neighbor received nothing. Instead, nieces and nephews who lived out of the area, and who had little interest in handling her affairs, inherited everything: her home, her savings, and every keepsake she had collected over a lifetime. That story stays with us because it was so preventable.

Pennsylvania Decides for You

When someone dies without a will, Pennsylvania's intestate succession laws decide who inherits and how much. The state doesn't consider who helped you, who you were close to, or what you told people you wanted. It follows a set order based on family relationships.

In general terms, the order looks like this:

A surviving spouse comes first, but doesn't always get everything. If you have no children and no living parents, your spouse takes it all. If you have children with your spouse, or if your parents are still living, your spouse typically gets the first $30,000 plus half of the rest, and the remainder goes to the children or parents. If you have children from a previous relationship, your spouse's share drops to one-half.

Children share what's left after the spouse's portion. If a child has already died, that child's children generally take their parent's share.

Parents inherit if there is no spouse and no children.

Brothers and sisters, and then their children (your nieces and nephews), are next in line. That's how the out-of-town nieces and nephews in our story ended up with everything.

After that, the law looks to grandparents, aunts, uncles, and cousins. If no qualifying relative can be found, the estate can go to the Commonwealth of Pennsylvania.

Who Gets Left Out

The people who lose out under intestacy are often the ones closest to the person who died. Pennsylvania's default rules give nothing to:

• An unmarried partner, even after decades together

• Stepchildren who were never legally adopted

• Friends, neighbors, or caregivers

• Churches, charities, or community organizations

Blended families are especially at risk. A person might assume their spouse will be taken care of, not realizing that children from a first marriage will take half the estate. That can leave a surviving spouse sharing ownership of the family home with stepchildren, which is rarely what anyone intended.

It Also Costs More and Takes Longer

Without a will, someone still has to settle the estate. That person, called an administrator, applies to the Register of Wills for letters of administration. The court usually requires the administrator to post a bond, which is an added expense a well-drafted will can often waive. If family members disagree about who should serve, things can stall before they even start.

Minor children create another problem. If a child inherits money outright, a guardian of the estate may need to be appointed by the court to manage it, and the child typically gets full control of that money at 18. A will lets you set up a trust so the money is handled responsibly and distributed at an age that makes more sense.

Pennsylvania inheritance tax also applies regardless of whether there's a will. Transfers to a spouse are taxed at 0%, to children and grandchildren at 4.5%, to siblings at 12%, and to nearly everyone else, including nieces, nephews, and friends, at 15%. A plan made ahead of time can take this into account.

Don't Wait for a Diagnosis

The woman in our story did everything she could once she knew her time was short. It just wasn't enough time. Most people think of estate planning as something to handle later, after retirement or once the kids are grown. But illness and accidents don't wait for a convenient moment.

A will doesn't have to be complicated or expensive. For many people, a simple will, a power of attorney, and a health care directive cover the basics. If you have real estate, a business, oil and gas interests, or a blended family, a little more planning goes a long way.

If you don't have a will, or if yours hasn't been looked at since your life changed, give our office a call at 724-349-2255. We've been helping Indiana County families plan ahead since 1983.