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Pennsylvania Intestacy Laws
These are selections from the Pennsylvania intestate succession statutes.  (Title 20: Decedents, Estates and Fiduciaries, Chapter 21, Intestate Succession)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


2102. Share of surviving spouse.

The intestate share of a decedent's surviving spouse is:

 

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.

 

(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate.

 

Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230).

 

(3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.

 

(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.

 

(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).

 

2103. Shares of others than surviving spouse.
The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order:

(1) Issue.--To the issue of the decedent.

 

(2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent.

 

(3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents.



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?

 

 

The Pennsylvania intestate succession statutes may be found in full by selecting this link.  (Title 20: Decedents, Estates and Fiduciaries, Chapter 21, Intestate Succession)


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