Probate Administration: What Happens if There’s No Will?

What Is the Purpose of a Last Will and Testament?

A last will and testament, commonly referred to as a will, is a legal document that details your wishes regarding your estate. It provides specific instructions about what is to be done with your property and assets after you die. A will may also address matters such as management of your accounts and financial interests, appointing a guardian for your minor children, and care of any dependents with special needs. 

In a last will and testament, you direct the disposition of your bank balances, property, personal possessions, and other assets. If you have investments or business interests, a will can specify who will receive those assets and when they will receive them. It names an executor to carry out your wishes after you die. Your executor is responsible for administering your estate, under the supervision of the court, if your estate goes through probate.

What Happens to Your Property If You Die Without a Will?

If you make a valid will, you have the power to expressly exclude or limit the rights of any heirs to inherit your property. However, if you die without a will, your estate must be distributed to your heirs according to the Pennsylvania laws on intestate succession. Surviving family members may inherit as follows:

• If the decedent is survived by a spouse but has no children or parents, the spouse inherits the entire estate.
• If the decedent is survived by children but no spouse, the children inherit the entire estate. 
• If a spouse and at least one parent but no children survive the decedent, the spouse receives the first $30,000 plus one-half of the balance of the estate, the remainder of which goes to the parent or parents.
• If a surviving spouse and the decedent have surviving children together, the first $30,000 plus one-half of the balance of the estate goes to the spouse, with the remainder going to the children.
• If the decedent is survived by a spouse and one or more children who are not the issue of the surviving spouse, the spouse receives one-half of the estate, and the remainder goes to the children. 
• If parents survive the decedent who has no spouse or children, the parents inherit everything.
• If siblings survive the decedent who has no surviving spouse, children, or parents, the siblings receive the entire estate. 

How Is Property Distributed to the Heirs When There is No Will?

When a person dies with property and assets but without a will (intestate), the first step in distributing the estate is for a surviving spouse, child, or heir to obtain an appointment as administrator (executor) of the estate. This requires filing a petition requesting Letters of Administration with the Register of Wills of the appropriate county, along with a filing fee. Renunciations from all other heirs deferring the right to serve as the estate’s administrator must accompany this petition. 

Letters of Administration issued by the Register of Wills give the administrator the legal authority to act on behalf of the estate. The process of administering the estate and distributing assets pursuant to state laws of intestate succession can begin once the Letters of Administration have been obtained. 

What Is Involved in Administering an Estate With No Will?

The administrator of the estate has a duty to safeguard and preserve the assets for the beneficiaries. When there is no will, the beneficiaries are those surviving family members entitled to inherit under state intestate succession laws. The administrator must advertise to give notice to creditors, inventory all assets of the estate, pay outstanding debts of the deceased, pay expenses of administering the estate, and file an inheritance tax return with the state. Pennsylvania inheritance tax rates can range from 4.5% to 15%, depending on the relationship between the person receiving the inheritance and the deceased. 

Once the debts and taxes are paid and the property and assets have been distributed to the proper beneficiaries, the estate may be closed in one of two ways – with a settlement agreement signed by all the beneficiaries or by filing a formal accounting with the court. A settlement agreement is the usual method of closing an estate. Filing a formal accounting with the court is a lengthier and more expensive process that is typically reserved for when disputes arise among beneficiaries. 

Why Is It Important to Have a Will?

Making a last will and testament allows you to choose and direct what happens to your property after you die. Without a will, your assets are distributed pursuant to state law, regardless of your wishes. Having a will allows you to name a person you trust to safeguard and distribute your assets per your instructions. It enables you to name a guardian for dependent children, plan for what happens if you become incapacitated, and even set up a pet trust. In short, writing a will can give you peace of mind about what happens to your property and your loved ones after your death. 

Can an Experienced Estate Planning Lawyer Help?

Pennsylvania laws of intestate succession can be complicated. Administering and distributing the estate of a loved one who has died without a will can be a stressful process, particularly when family disputes arise. Contact Peak Legal Group at (610) 989-7064 for the skilled legal representation you need. We care about what matters to you, and we take the time to listen to and understand your concerns. Our firm performs services on a flat-fee basis, agreed to upfront, so there are no surprises.