Skip to content
Oakclause

Intestate Succession Laws in Pennsylvania

In Pennsylvania, a surviving spouse inherits the first $30,000 plus one-half of the balance when all of the deceased's children are also the spouse's children, and the same $30,000 plus one-half when there are no children but a parent is alive. Pennsylvania is not a community property state.

Last checked . General information, not legal advice.

Pennsylvania at a glance

Spouse share with shared children
First $30,000 plus 1/2 of the balance
If any child is not the spouse's, the spouse takes one-half of the estate.
Spouse takes all with shared children
No
The spouse takes the first $30,000 plus one-half of the balance.
Spouse share with parents, no descendants
First $30,000 plus 1/2 of the balance
The spouse takes everything only if no child, descendant or parent survives.
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in Pennsylvania

How much does a surviving spouse inherit in Pennsylvania when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Pennsylvania: First $30,000 plus 1/2 of the balance. If any child is not the spouse's, the spouse takes one-half of the estate.

Does a surviving spouse in Pennsylvania inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Pennsylvania: no. The spouse takes the first $30,000 plus one-half of the balance.

How much does a surviving spouse inherit in Pennsylvania when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Pennsylvania: First $30,000 plus 1/2 of the balance. The spouse takes everything only if no child, descendant or parent survives.

Is Pennsylvania a community property state?

No. Community property state in Pennsylvania: no. Not listed by the IRS among the community property states.

Where do the Pennsylvania intestate succession laws come from?

The rules above come from 20 Pa.C.S. 2102. Each source is linked on this page. We last checked them in October 2026.

Good to know

The legislature's text lists the last amendment to section 2102 as Act 26 of 2003.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.