A will is a foundational estate planning document. Your last will and testament is your opportunity to exercise control over your estate. If you die without a will in Pennsylvania, you will be declared intestate. That means you will lose control over what happens to your property and assets. Commonwealth law will decide (and it may not be consistent with your wishes). Here, our Mechanicsburg estate planning attorney explains what will happen if you pass away without a valid will in Pennsylvania.
What Happens When You Die Without a Will? Pennsylvania Intestacy Laws Take Control
When a person dies without a valid will in Mechanicsburg or elsewhere in the region, their estate passes according to the intestacy provisions under Pennsylvania law (20 Pa.C.S.A. § 2103). The statute defines who inherits and in what proportion. It is based entirely on legal kinship. A surviving spouse typically takes the largest share, but that amount depends on whether the decedent leaves children, parents, or both.
For example, if there are no surviving descendants or parents, the spouse inherits the entire estate. If children from another relationship exist, the spouse’s share decreases to one-half, and the balance passes to those children. If there is no surviving spouse or descendants, the estate moves sequentially through statutory heirs, such as parents, siblings, nieces and nephews, or even more remote relatives.
Key Point: A will allows you to control what happens to your property and assets when you pass away. If you do not have a will or alternative estate planning documents in place, then your estate will be controlled by Pennsylvania’s intestacy laws.
No Will Means Court-Supervised Estate Administration
In the absence of a will, the Register of Wills appoints an administrator rather than an executor to handle the estate process. The estate administrator serves as the estate’s fiduciary, managing debts, taxes, and asset distribution under court supervision. Priority for appointment is determined by statute. It will start with the surviving spouse and descend through the next of kin. The administrator must file an inventory, give notice to heirs, and comply with Pennsylvania’s probate and fiduciary accounting rules under Orphans’ Court procedures. Without testamentary instructions, the administrator cannot make discretionary distributions or take other action.
Key Point: You can use your will in Pennsylvania to appoint an executor for your estate. In other words, you can decide who will be in charge of the estate administration process. However, if you do not write a will, there will be a court-supervised estate administration, and the court will pick an estate administrator in accordance with Commonwealth law.
Set Up a Confidential Consultation With a Mechanicsburg, PA Estate Planning Lawyer
At Keystone Elder Law P.C., our Mechanicsburg estate planning attorneys have extensive experience with wills. If you have any questions about the drafting of a first will, please do not hesitate to call us at 717-697-3223 or contact us online for your fully confidential consultation. We provide estate planning services in Mechanicsburg and throughout the entire region in Pennsylvania.