Wills are important for the protection of children and those who rely on another person for financial support. They are also key to establishing a legacy after death. Many people intend to create wills but never get around to actually drafting a document. They may then die intestate, meaning they have no estate plan or will to guide the distribution of their property.
Those who have recently lost a loved one and who cannot find a will may feel quite anxious about what happens next. Understanding the rules that apply to intestate estates can be beneficial for those hoping to inherit and also those thinking about what may happen to their loved ones after they pass.
Family members typically inherit
Pennsylvania state statutes address the possibility of an individual dying without a will. Under current state rules, spouses and children have the strongest protection if a person dies without a will. If surviving family members include a spouse and children, then the allocation of estate resources depends in no small part on whether the surviving spouse is also the parent of the surviving progeny.
Parents and other family members may have the right to inherit if there are no immediate family members to inherit from the estate. In the rare case where there are no surviving family members, the state may eventually assume ownership of the assets owned by the estate.
Understanding the rules that govern Pennsylvania estate administration can be beneficial for those concerned about their inheritance rights and for those thinking about their legacies. Without a will, state law dictates who inherits and almost always strictly limits that right to those who are immediate family members of the deceased individual.