If You Die Without a Will in Pennsylvania...

The Quick Answer

If you die without a will in Pennsylvania, state law decides who inherits your property. A court appoints someone to handle your estate, your debts are paid, and whatever remains is distributed according to Pennsylvania's intestacy laws—not necessarily according to your wishes.
The good news?
Making your own plan is usually much easier than people think.

The Most Expensive Sentence I Hear

"I thought everything would just go to my wife."
I've heard some version of that sentence hundreds of times.
Sometimes the person saying it is sitting across from me in my office.
Sometimes it's a son or daughter trying to settle a parent's estate.
Sometimes it's a surviving husband or wife who has just lost the person they love.
The hardest part?
Most people aren't careless.
They simply assumed that what felt fair was also what the law required.
Unfortunately, those aren't always the same thing.
Pennsylvania already has a plan.
Whether that plan matches yours depends on your family, your assets, and the life you've built.
This guide is here to explain how it works—in plain English.

☕ Andy Says...

Estate planning isn't really about preparing for death.
It's about making life a little easier for the people you love.
One of the greatest privileges of my job is meeting families before there's a crisis. We get to answer questions while everyone is healthy, calm, and sitting around the same table.
That's a much better time to make important decisions than after a funeral.

What Does "Dying Without a Will" Mean?
Lawyers call it dying intestate.
Forget the legal word.
Here's all it means:
You died without signing a valid will.
When that happens, Pennsylvania decides who inherits your estate instead of you.

What Actually Happens?

After someone dies, three things have to happen.

1. Someone Has to Gather Everything
Bank accounts.
The house.
The car.
Retirement accounts.
Insurance information.
Personal belongings.
Important papers.
Everything has to be identified.

2. Bills Have to Be Paid
Funeral expenses.
Taxes.
Valid debts.
Other legal obligations.

3. What's Left Goes to the Right People
If you made a will, your wishes guide that process.
If you didn't, Pennsylvania law does.
That legal process is called probate.
Probate isn't something to fear.
It's simply the legal process of settling someone's affairs.

Who Gets My Stuff?

This is the question almost everyone wants answered.
The honest answer is:
It depends on your family.
Pennsylvania has different rules depending on whether you're married, have children, have children from a prior relationship, or have no close relatives.
In general, the law starts with the people closest to you and works outward through your family tree.
That's why two families with similar lives can have very different outcomes.
If your situation involves a second marriage, blended family, minor children, or unique assets, creating your own estate plan becomes even more important.

Five Common Misunderstandings

"My spouse automatically gets everything."
Sometimes.
Not always.
"I'm too young to need a will."
If you're over eighteen, you're old enough to benefit from having one.
"I don't own enough."
If someone has to settle your affairs, you have an estate.
"My family won't fight."
Most families don't expect conflict.
Grief has a way of changing people.
Clear instructions help everyone.
"I'll get around to it someday."
That's probably the most common reason people die without a will.
Life gets busy.
Estate planning rarely feels urgent—until it suddenly is.

Questions People Ask Me Every Week

Does a will avoid probate?
Not necessarily. A will provides instructions, but many estates still go through probate.
Does my spouse automatically become the executor?
Not automatically. If there is no will, the court generally appoints someone to administer the estate according to Pennsylvania law.
What if I have minor children?
A will is one of the few places where you can nominate the people you would want to serve as guardians. Without one, a court may have to make that decision.
What if I don't own a home?
You should still have a will. Bank accounts, personal property, digital assets, and financial accounts may all need to be addressed.
Is estate planning only for wealthy people?
No.
Estate planning is for anyone who wants to make things easier for the people they love.

The Bottom Line

None of us knows when we'll die.
The question isn't whether you have a plan.
You do.
The question is whether it's your plan or Pennsylvania's.
A simple estate plan gives you the opportunity to make those decisions yourself instead of leaving them to default state law.
That's one of the kindest gifts you can leave the people you love.

Coffee?
Estate planning doesn't have to feel intimidating.
If you'd like to sit down, ask questions, and simply talk things through, I'd be happy to help.
No pressure.
No legal jargon.
Just a conversation.

Andrew Scott Hurwitz, Esq.
Hurwitz Law | Bryn Mawr, Pennsylvania