Legal Question in Wills and Trusts in Pennsylvania

death without a will

What happens to your estate when you die without a will?


Asked on 6/01/07, 9:44 am

3 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: death without a will

It likely will NOT go to the state (or "escheat" as it's called). Most people think this, but unless you have no heirs whatsoever, then your estate likely will not escheat. Your estate WILL be distributed according to the laws of intestacy. The laws of intestacy are the laws written by the legislature that specify how the assets are distributed in the event that there is no will. More than likely, the laws of intestacy do not follow the same distribution plan that you set forth in your will. Furthermore, the court would have to choose the person to be the administrator of the estate and that person may not be the person who you would have chosen. If there are minor children, the court would have to appoint someone to be the guardian. Again, that person may not be the same you would choose. You should definitely consider having a will done. We handle these matters, and can prepare the entire document with you. Feel free to call our offices.

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Answered on 6/01/07, 9:51 am

Re: death without a will

All individually owned property passes according to the strict laws of intestacy.

Use the Intestacy Calculator at this site to see an exact breakdown of how much each living relative will get: PaWill.com

You can also use this site to learn about intestacy in other states:

MyStateWill.com

Good Luck!

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Answered on 6/01/07, 10:10 am
rajeshwar sharma rajeshwarnathsharma

Re: death without a will

If the deceased left legal heirs than the estate will be distributed amongs the legal heirs accoring the prevailing provisions of law.

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Answered on 6/01/07, 10:58 am


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