In Pennsylvania, the term “next of kin” is broadly defined as your closest living relative. This concept carries significant weight, as without a comprehensive estate plan, your next of kin—determined by state law rather than your personal wishes—will play a significant role in managing and inheriting your estate. Below, our Mechanicsburg estate planning attorneys provide a detailed explanation of how next of kin works in Pennsylvania and why taking proactive steps to plan your estate is so important.
What is Intestate Succession?
Without an estate plan in place, the Commonwealth of Pennsylvania determines who inherits your property. This process is known as intestate succession. Simply put, intestate succession is the legal framework that governs how a deceased person’s estate is distributed when they pass away without a valid will or estate planning documents. Each state has its own laws governing intestate succession, and in Pennsylvania, these laws dictate that your assets will be distributed among your surviving relatives according to a specific, predefined order. This means you lose control over the process—and your loved ones may face unexpected outcomes.
How is Next of Kin Determined in Pennsylvania?
Under Pennsylvania law (20 Pa. Cons. Stat. § 2102), the hierarchy for determining next of kin follows a strict statutory order, which includes:
- Spouse: The spouse is the primary beneficiary if the deceased is married.
- If there are no surviving children or parents, the spouse inherits everything.
- If there are children shared between the deceased and the spouse, the estate is divided between the spouse and the children.
- If there are no children but surviving parents, the spouse inherits the first $30,000 of the estate, plus one-half of the remaining assets, while the parents inherit the rest.
- Children: If the deceased is not married or has no surviving spouse, the estate passes to their children. Each child typically receives an equal share.
- Parents: If there are no surviving children, the estate goes to the parents.
- Siblings and Extended Family: If there are no surviving spouse, children, or parents, the estate moves to siblings, nieces/nephews, or other closest living relatives in descending order.
- Escheat to the State: If no living relatives can be identified, the estate ultimately escheats to the Commonwealth of Pennsylvania, meaning the state takes possession of the property.
This strict legal framework means that your assets could end up with individuals you may not have chosen or in proportions you might not agree with.
Take Control of Your Legacy with a Comprehensive Estate Plan
While Pennsylvania’s intestate succession laws provide a default system for asset distribution, they often fail to reflect the specific wishes of individuals or the unique dynamics of their families. Fortunately, you can take full control over your estate by establishing a comprehensive estate plan.
With proper estate planning, you can:
- Decide who inherits your property (including individuals outside the statutory next of kin hierarchy).
- Protect your assets from probate, taxes, or disputes.
- Designate decision-makers for your healthcare and financial matters if you become incapacitated.
Key estate planning tools include:
- Will: A Last Will and Testament is the foundation of most estate plans. It allows you to designate beneficiaries, name an executor to manage your estate, and outline specific wishes for distributing your assets. While the law defines next of kin, your will gives you the power to name beneficiaries who may or may not align with those defined by Pennsylvania law.
- Trust: Trust is a versatile tool that helps you retain greater control over your assets during and after your lifetime. Trusts can bypass probate, protect assets, and provide a mechanism for distributing wealth according to your wishes. They can be used alongside or in place of a will to achieve specific goals, such as tax reduction, asset protection, or care for minor children or vulnerable family members.
- Power of Attorney (POA): A POA designates a trusted individual to make decisions on your behalf if you become incapacitated. You can assign financial and healthcare-related powers to your next of kin or another trusted individual of your choosing. Unlike intestate succession, which automatically looks to next of kin, a POA puts the choice in your hands.
By working with an experienced estate planning attorney, you can build a customized plan to preserve your legacy and avoid the uncertainty of intestate succession.
Key Reasons to Establish an Estate Plan
- Avoid State-Controlled Decisions: Intestate succession laws take control out of your hands, often leading to unintended consequences.
- Protect Your Assets: Without a plan, your estate may face unnecessary taxes, probate delays, or disputes.
- Honor Your Wishes: A comprehensive estate plan ensures your loved ones and chosen beneficiaries are provided for according to your preferences.
- Simplify Matters for Your Family: Proper planning minimizes the stress, confusion, and financial burdens your family may face during an already difficult time.
Contact Our Mechanicsburg Estate Planning Lawyers Today
At Keystone Elder Law P.C., our Mechanicsburg estate planning attorneys are dedicated to helping families in Pennsylvania navigate the complexities of estate planning. Whether you want to protect your assets, address next-of-kin concerns, or ensure your legacy aligns with your wishes, we are here to provide trusted, personalized guidance. Don’t leave your estate to chance. Contact Keystone Elder Law P.C. today to schedule your confidential consultation. Located in Mechanicsburg, we proudly serve families across Central Pennsylvania with comprehensive estate planning services. Take the first step in protecting your loved ones and your legacy.