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.
(4) Grandparents.--If no issue of either of the
decedent's parents but at least one grandparent survives the decedent, then half
to the paternal grandparents or grandparent, or if both are dead, to the
children of each of them and the children of the deceased children of each of
them, and half to the maternal grandparents or grandparent, or if both are dead
to the children of each of them and the children of the deceased children of
each of them. If both of the paternal grandparents or both of the maternal
grandparents are dead leaving no child or grandchild to survive the decedent,
the half which would have passed to them or to their children and grandchildren
shall be added to the half passing to the grandparents or grandparent or to
their children and grandchildren on the other side.

(5) Uncles, aunts and their children, and
grandchildren.--If no grandparent survives the decedent, then to the uncles and
aunts and the children and grandchildren of deceased uncles and aunts of the
decedent as provided in section 2104(1) (relating to taking in different
degrees).
(6) Commonwealth.--In default of all persons
hereinbefore described, then to the Commonwealth of Pennsylvania.
2104. Rules of succession.
The provisions of this chapter shall be applied to
both real and personal estate in accordance with the following rules:
(1) Taking in different degrees.--The shares passing
under this chapter to the issue of the decedent, to the issue of his parents or
grandparents or to his uncles or aunts or to their children, or grandchildren,
shall pass to them as follows: The part of the estate passing to any such
persons shall be divided into as many equal shares as there shall be persons in
the nearest degree of consanguinity to the decedent living and taking shares
therein and persons in that degree who have died before the decedent and have
left issue to survive him who take shares therein. One equal share shall pass to
each such living person in the nearest degree and one equal share shall pass by
representation to the issue of each such deceased person, except that no issue
of a child of an uncle or aunt of the decedent shall be entitled to any share of
the estate unless there be no relatives as close as a child of an uncle or aunt
living and taking a share therein, in which case the grandchildren of uncles and
aunts of the decedent shall be entitled to share, but no issue of a grandchild
of an uncle or aunt shall be entitled to any share of the estate.
(2) Taking in same degree.--When the persons
entitled to take under this chapter other than as a surviving spouse are all in
the same degree of consanguinity to the decedent, they shall take in equal
shares.
(3) Whole and half blood.--Persons taking under this
chapter shall take without distinction between those of the whole and those of
the half blood.
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