Making decisions about what happens after you’re gone isn’t easy, but it’s one of the most meaningful gifts you can leave your loved ones. Taking the time to make your wishes known can help spare your family confusion, conflict and unnecessary stress later.
When someone passes away without a will (known as “intestate”), it’s common for loved ones to have questions about who inherits what and how those decisions will be made. Without clear, written instructions, the process can become overwhelming, and the answers might not reflect what you would have wanted.
What Pennsylvania law says
If you die without a will in Pennsylvania, your assets are distributed according to the state’s intestacy laws. These laws determine who will inherit based on your familial relationship to surviving family members – not on personal closeness or verbal wishes. That means someone you were very close to, like a stepchild or long-term partner, may be left out entirely, while distant relatives you barely knew could end up inheriting a portion of your estate.
For those without a surviving spouse or children, the law turns next to parents or siblings, then nieces and nephews, and eventually to more remote family members like cousins. If no relatives can be located, your assets may ultimately be claimed by the Commonwealth of Pennsylvania. This entire process is overseen by the county probate court, and loved ones may be required to provide legal documentation and testimony just to prove their relationship to you.
Not having a will can also delay the distribution of your estate and create unnecessary legal fees and emotional hardship for those you care about most. It leaves your legacy and your loved ones’ peace of mind in the hands of a slow-moving court system rather than in the care of someone you trust.
It doesn’t take a complex estate plan to make a meaningful difference. Even a basic will can go a long way in protecting the people and things that matter most to you. Preparing now helps to prevent uncertainty, avoid potential disputes, and gives your family the clarity they’ll need during a difficult time. If you’re unsure of where to begin, contact our office to get assistance from an experienced estate planning professional.