When your loved one sadly passes away, you may be left completely distraught and overwhelmed. On top of this, they may have offered little to no guidance on how they wanted their estate to be handled when the time came, and you may have never had to deal with such a thing before. Seeking the counsel of a Pennsylvania probate court, they may order that intestate succession be initiated. If this is your case, please continue reading to learn how intestate succession works in the Commonwealth of Pennsylvania and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC can help you navigate this whole process.
When does intestate succession happen in Pennsylvania?
Simply put, intestate succession is a legal process that is prompted when someone dies without establishing a Last Will and Testament document. This is because, since the deceased did not leave any instructions for inheritance based on their personal wishes, their estate will be distributed according to the Commonwealth of Pennsylvania’s statutes.
That said, Pennsylvania has intestacy laws in place so that a deceased’s valuable assets and property are not left unclaimed. It is worth mentioning that this is still the default plan if the deceased did indeed create a will document, but there are parts of it that make it invalid and unenforceable in a probate court.
You should note that intestate estates must still go through the Pennsylvania probate process. This is because the probate court must first appoint an estate administrator, which is typically the spouse or adult child of the deceased, and grant them the letters of administration. From here, they must oversee the administrator’s repayment to creditors, distributions to beneficiaries, etc.
How does intestate succession work in Pennsylvania?
In short, intestate succession depends on who has survived the deceased. Typically, this system favors the surviving spouse. Nonetheless, below is the general hierarchy that the Pennsylvania probate court will observe on account of there being an invalid and unenforceable Last Will and Testament document, or if there is a lack thereof altogether:
- If there is a surviving spouse and no children:
- The spouse may inherit the entire intestate estate.
- If there is a surviving spouse and children:
- The spouse may get the first $30,000 plus half of the remaining estate, and the children will divide the other half.
- If there is a surviving spouse, no children, and surviving parents:
- The spouse may get the first $30,000 plus half of the remaining estate, and the parents will receive the other half.
- If there is no surviving spouse:
- The children may inherit the entire intestate estate.
- If no children, then the parents inherit everything.
- If no parents, then the siblings inherit everything.
- If no siblings, then the grandparents will inherit everything.
- If no grandparents, then the aunts and uncles will inherit everything.
With all that being said, please do not hesitate to work together with one of the skilled Butler County estate planning attorneys. The team at Heritage Elder Law & Estate Planning, LLC will have your best interests at heart always and will fight for justice to reign in your favor.
