What Happens if I Die Without a Will? A Guide for Pennsylvania Residents

When a person passes away without a valid will, they’re said to “die intestate,” and Pennsylvania law steps in with rules for how the estate (everything they owned) is divided. These rules are called intestate succession. Let’s review the basics:

The Surviving Spouse & Elective Share

Even if there is a will, Pennsylvania gives surviving spouses rights to make sure they aren’t left with nothing or almost nothing. That’s where the elective share comes in. The elective share allows a surviving spouse to choose to claim a portion of the deceased spouse’s estate under the law, instead of what was left in the will (if that is less favorable). Under current Pennsylvania law, that elective share equals one-third of the decedent’s “elective property.”

What Counts as “Elective Property”

Not everything the deceased owned counts toward what the spouse can elect. Some types of property may be excluded or treated specially. Key rules include:

• Certain non-probate assets (assets that pass outside of probate, like some jointly owned property, or assets with beneficiary designations) may be included or excluded depending on how they are held.
• If property was given to the spouse during the marriage and still owned by them at the time of death, that may be included.
• Insurance proceeds, certain pensions or retirement plans, annuities, and deferred compensation may have special rules for whether they are part of the elective share.

At a Glance: Who Gets What if You Die Without a Will

Mechanics & Deadlines

• To use the elective share, the surviving spouse must file a written election with the Orphans’ Court in the county where the decedent lived.
• The election must be filed within six months after the decedent’s death or six months after probate is opened, whichever is later. If the spouse misses this deadline, they generally lose the right.

What You Should Do If You’re Planning or Dealing with an Estate

• If you’re married, make sure you understand what your spouse’s rights are under the elective share. If you don’t want those rules to apply (for example, in blended families), that may require special estate planning through wills, trusts, or prenups.
• If you are the surviving spouse, act promptly: file the elective share within the deadline, gather documentation of what property might count, and check how non-probate assets are titled.
• A will is still very useful: it allows your wishes to be expressed, but it can’t always override the elective share.
• Always get legal advice for your county: even though the law is statewide, local practice and how courts interpret ambiguous parts can matter.

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