What Happens If You Die Without a Will in Pennsylvania?

Many people put off writing a will because it feels like something for later. But if you pass away without one, you do not simply leave things undecided. Pennsylvania law steps in and makes the decisions for you. That is called dying "intestate," and the results are often not what a family would have chosen.

What does it mean to die intestate?

Dying intestate means you passed away without a valid will. When that happens, the court process known as probate (the legal process of settling a person's estate) still takes place, but the rules of intestacy decide who receives your probate property rather than your own wishes.

Who inherits under Pennsylvania's intestacy rules?

Pennsylvania has a set order of relatives who inherit when there is no will. In general, the share a person receives depends on whether you were married and whether you had children or other close relatives. A surviving spouse and children are usually first in line, followed by other family members if there is no spouse or child. The exact split depends on your family situation, so it is worth speaking with an attorney about how the rules would apply to you.

Just as important is who is left out. Unmarried partners, close friends, stepchildren, and charities generally do not inherit under intestacy unless you have named them in a will or another legal document.

Common problems when there is no will

• You do not choose your executor. A court appoints someone to administer the estate, and it may not be the person you would have trusted.

• You cannot name a guardian for minor children in a will that does not exist, which can leave an important decision to the court.

• Family disagreements are more likely when your wishes were never written down.

• Assets may be distributed in a way that does not reflect your values, your relationships, or the needs of a family member who depends on you.

• The process can take longer and cost your family more time and stress at an already difficult moment.

Some assets pass outside of a will anyway

A will only controls probate property. Retirement accounts, life insurance policies, and accounts with a named beneficiary generally pass to the person named on the account, regardless of what a will says. Jointly owned property often passes to the surviving owner. That is why an estate plan should look at your whole financial picture, and why beneficiary designations should be reviewed regularly.

How to avoid intestacy

• Write a will that names your executor, your beneficiaries, and a guardian for any minor children.

• Consider whether a revocable living trust makes sense for your family, since a properly funded trust can help your loved ones avoid probate.

• Review beneficiary designations on retirement accounts and insurance policies.

• Name trusted people in a financial power of attorney and a healthcare power of attorney.

• Revisit your documents after major life events like marriage, divorce, a new child, or a move.

If a trust is something you are considering, our guide to revocable living trusts in Pennsylvania explains how they work and what they can do for a family.

Frequently asked questions

Is a handwritten will valid in Pennsylvania?

Pennsylvania has specific requirements for a valid will, and documents that do not meet them can be challenged or rejected. Working with an attorney is the best way to make sure your will does what you intend.

Do I still need a will if I have a trust?

Often, yes. Many estate plans pair a trust with a "pour-over" will that catches any assets that were not placed in the trust. An attorney can tell you what makes sense for your situation.

Does everyone need a will, or only people with a lot of assets?

Estate planning is not just for the wealthy. Anyone who has a home, savings, a family, or wishes about who should care for their children can benefit from a will.

Talk with Nalli-Elias Law

At Nalli-Elias Law in Aliquippa, Pennsylvania, we help individuals and families plan for the future with wills, trusts, and related estate planning documents. If you do not yet have a will, or have not looked at yours in years, we would be glad to talk through your options.

Learn more about our wills and trusts services, or browse everything we do on our services page.

You can reach our Aliquippa office at 724-375-4005 or info@nallilaw.com. Office hours are Monday to Friday, 9am to 5pm, with other hours by appointment. Our office is at 150 Pleasant Drive, Suite 101, Aliquippa, PA 15001.

This article is for general information only and is not legal advice. Every family's situation is different, so please consult an attorney about your specific circumstances.