What happens if my loved one doesn’t have a Will? Who will inherit their estate? Do I need to hire a Probate lawyer? Even without a Last Will and Testament, there are Pennsylvania Intestate Succession laws in place to guide the court on how to pass the deceased’s possessions to the next of kin.
If you’ve found yourself asking the above questions, we’re here to help. This article will answer several questions regarding who inherits an estate when there’s no Will in PA and when you should contact a lawyer for assistance. Additionally, it’s important to note that every state has its own laws regarding this circumstance, so make sure to review the process specific to your state.
What Happens if My Loved One Doesn’t Have a Will?
If you’re concerned about the state taking your loved one’s assets because they don’t have a Will, you should know that not all possessions are the same. For instance, if the deceased legally shared assets with another person, then those items aren’t impacted by intestate succession. Instead, they will pass to the surviving co-owner or beneficiary whether or not there’s a Will.
These types of assets could include:
- Life insurance policies
- Real estate property
- IRA’s, 401k’s, and other types of retirement funds
- Payable-on-death accounts
Unfortunately, assets that aren’t jointly owned or have a listed beneficiary will need to be reviewed by the court to determine the beneficiary.
Who Inherits an Estate When There’s No Will in PA?
Anyone who passes away without a Will in PA, their possessions are left in “intestate.” This means the Commonwealth of Pennsylvania has a set of laws in place (Pennsylvania Laws of Intestate Succession) that guides the court on how to distribute the assets to the appropriate heirs. You can learn more about these laws at 20 Pa.C.S.A. § 2101 et seq.
PA Laws of Intestate Succession
The purpose of these laws is to protect the deceased person’s spouse and children and ensure they are cared for after their loved one’s passing. If there’s no surviving spouse or children, the law explains who would receive the assets.
Potential heirs could include:
- Parents
- Brothers and Sisters
- Nieces and Nephews
- Grandparents
- Uncles and Aunts
Distributing Assets Without a Will
Without a Will in PA, the court will determine who receives the deceased’s assets. Learn more about how courts distribute assets according to Pennsylvania’s Laws of Intestate Succession.
When to Contact a Probate Lawyer?
Does the estate have enough money to pay off all debts? Is there a simpler process for small estates? How do I navigate controversial family relationships?
If you’ve found yourself asking those questions, then you should contact a Probate lawyer. They can help to answer your questions and provide you with advice on how you should proceed with the estate.
Talk with a Pittsburgh Attorney You Can Trust
At Auld Brothers Law Group, you can discuss your questions and concerns, and we’ll provide you with clear, straightforward advice to help with your situation. As a fourth-generation owned law firm, we’re dedicated to helping our community navigate Pennsylvania laws. We’ve built long-lasting relationships with our clients that we have even served multiple generational families.