Dying Without A Will
20 Pa.C.S. 2102 — the spouse's share, the first $30,000 plus half, and who takes the rest
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo issue and no parent | The surviving spouse takesThe entire intestate estate |
| Who else survivesNo issue, but a parent or parents | The surviving spouse takesThe first $30,000 plus one-half of the balance |
| Who else survivesIssue who are all also the spouse's | The surviving spouse takesThe first $30,000 plus one-half of the balance |
| Who else survivesIssue, one or more not the spouse's | The surviving spouse takesOne-half of the intestate estate |
- What does not go to the spouse, or all of it if there is none, passes first to the issue of the person who died.
- With no issue, to the parents or parent.
- With no parent, to the issue of each parent: brothers, sisters and their issue.
- Then half to the grandparents on each side, or their children and grandchildren, and then to uncles, aunts and their children and grandchildren.
- With no one at all, to an endowed community fund in the person's municipality, school district or county, and failing that the Commonwealth.
Sources for this section (2)
- 20 Pa.C.S. 2102 — Share of surviving spouse
- 20 Pa.C.S. 2103 — Shares of others than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.