What Happens if I Don’t Have a Will in Pennsylvania?

At Mooney Law, we often hear clients ask: “What happens if I die without a will?” It is a vital question, because passing away without a valid will means your estate will be handled under Pennsylvania’s intestate succession rules, not under your personal wishes. 

As your trusted estate planning attorney in Pennsylvania, we want to walk you through why this matters, what the law says, and what steps you can take now.

Why Having a Will Is More Than Just a Form

Many people assume, incorrectly, that if they don’t have a will, the government will automatically take everything. In Pennsylvania, that is rarely the case; instead, your assets are distributed under state law per 20 Pa. C.S. § 2101 et seq. 

But here is the emotionally compelling truth: if you do not document your wishes, you risk leaving the most important decisions to strangers, default rules, and outdated assumptions. Loved ones may receive assets you never intended them to have, and friends, step-children, or charitable causes you cared about may be excluded altogether.

Our role as your Pennsylvania estate planning lawyer is to ensure your wishes control, not just what the statute dictates. The cost of doing nothing is the loss of control over what matters to you.

How Pennsylvania’s Intestate Succession Rules Work

Let us break down how the default inheritance rules work under Pennsylvania law:

• Under Pennsylvania law, if a decedent has no valid will, their estate (that which passes through probate) is distributed to heirs per the statutory scheme.
• Not all assets are subject to these rules. For example, assets held in a trust, retirement accounts with named beneficiaries, joint tenancy property, or payable-on-death accounts will bypass the will and intestate statute.
• The statute sets a hierarchy for distributing the intestate estate. For instance:
  • If there is a surviving spouse and no children or parents, the spouse receives the entire intestate estate.
  • If there is a spouse and children who are also the spouse’s children, then the spouse receives the first $30,000 plus one-half of the remaining estate, while the children (the decedent’s issue) receive the remainder.
  • If there is a spouse and children not all of whom are the spouse’s children, the spouse receives one-half of the intestate estate; the children receive the other half.
  • If there is no spouse, then children receive everything. If no spouse or children, then parents, then siblings, then grandparents, and so on, even distant relatives, until heirs are found.
• If absolutely no heirs are located, then the estate escheats to the Commonwealth of Pennsylvania.

In simple terms: the law creates default inheritance rules, but they may be vastly different from what you would choose if you had the chance.

What Are The Consequences For Families?

When someone dies without a will and the estate is handled under these statutory rules, some unintended consequences often arise:

• Lack of control over legacy: You may have meant to leave specific personal items to certain friends or charities, but without a will, you have no legal voice in that decision.
• Step-children or non-blood relatives may be excluded: Under the statute, only certain relatives qualify. For example, step-children who are not legally adopted may not automatically inherit under intestate rules.
• Family conflict risk: When the statute determines who inherits, not your express wishes, siblings, blended-families, and extended families may face surprises and disputes over distribution or property ownership.
• Title problems and “heir property” issues: Some estates without wills may end up with multiple heirs owning shares of real estate under unclear circumstances, leading to forced sales or complex title issues.
• Emotional toll on survivors: Grieving family members may find themselves entangled in court-appointed administrators, probate procedures, and statutory heir apportionment rather than focusing simply on memorializing a loved one’s legacy.

What Should You Do?

As Mooney Law, serving families concerned with their futures, we recommend the following proactive steps:

1. Contact us early. Even if you believe your estate is simple, speaking with an estate planning attorney in Pennsylvania allows you to understand your options.
2. Draft a valid will. A will gives you control over how you distribute assets, designate guardians for minor children, and choose the person you trust to administer your estate.
3. Review beneficiary designations and asset titles. Ensure your retirement accounts, life insurance, joint tenancy properties, and other “non-probate” assets align with your overall estate plan.
4. Communicate your wishes. Having open conversations with loved ones can reduce misunderstandings and ensure that your audio-visual estate aligns with your values and relationships.
5. Update as needed. Life changes, such as marriages, children, divorces, and property acquisitions, may affect your plan. Regular review keeps your estate plan current.

A Unique Perspective: It Is Not Just About Money

Many people think estate planning is only for the ultra-wealthy. But in reality, drafting the right documents affects who receives important personal items, who steps in if you are incapacitated, and how your family moves forward during a challenging time. When you die without a will, you risk leaving these deeply personal decisions to the statute, not your voice.

As your trusted estate planning attorney in Pennsylvania, we view our role as helping you preserve more than your assets: we help you preserve your story, your family values, your choices and your legacy.

Why Choose Mooney Law to Guide You?

At Mooney Law, we bring both legal expertise and compassionate support. We don’t just provide form-filling services. We help you ask the right questions:

• “Who do I want to inherit specific personal items?”
• “What if I have step-children or non-traditional family members I want to include?”
• “How can I minimize conflict among heirs after I am gone?”
• “What planning tools beyond a will might suit my needs — trusts, powers of attorney, health-care directives?”

By working with our team, you gain a partner who understands Pennsylvania’s intestacy laws and helps you avoid their unintended consequences.

Call Our Office for Assistance

If you die without a valid will in Pennsylvania, your estate will be distributed according to statutory rules under 20 Pa. C.S. § 2101 et seq. These rules follow a predetermined family hierarchy; they may not reflect your wishes, include your chosen beneficiaries, or address your unique circumstances. 

The only way to ensure your decisions matter is to act now, draft a will, review your assets, work with an experienced Pennsylvania estate planning lawyer, and communicate your wishes clearly.

At Mooney Law, we are here to help you make sure that your wishes, not just the laws of intestate succession, determine your legacy. If you have questions about what happens if you do not have a will in Pennsylvania, call us today — let us guide you in putting a plan in place that reflects your life, priorities and values.

Contact Mooney Law today and let us help you protect what matters most.