|
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.
|
