Where There’s No Will, There Are [Several] Ways
Last week, the beloved recording artist Prince passed away unexpectedly, leaving a legacy of 40 years of eclectic and innovative music, and an expansive financial estate of an estimated $49.7 million. But what Prince didn’t leave is a Will.
"Prince performing at Coachella 2008"
by Micahmedia is licensed under CC BY-SA 3.0
In the absence of a Will, the assets in Prince’s probate estate will pass according to state laws of intestate succession.
If you die intestate (without a Will) in Pennsylvania there are laws in place that dictate exactly how your probate property[1] will be distributed. Intestacy laws do not account for important relationships you may have in your life with people who are not family members. Some of the people who are excluded from inheriting under Pennsylvania intestacy laws are: unmarried partners; children to whom the deceased is not related by biology or adoption; and friends.
Pennsylvania's intestacy laws require[2] the following distributions of a decedent's probate assets:
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If the intestate decedent dies with: |
How probate assets will be distributed: |
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A surviving[3] spouse but no surviving descendants (children, grandchildren, etc.) and no surviving parent |
All to surviving spouse |
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A surviving spouse, no surviving descendants and at least one surviving parent |
The surviving spouse receives the first $30,000 plus one-half of the balance of the assets. The surviving parent or parents receive the rest of the assets |
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A surviving spouse and at least one surviving descendant and if all surviving descendants are also the descendants of the surviving spouse |
The surviving spouse receives the first $30,000 plus one-half of the balance of the assets. The surviving descendants receive the rest of the assets |
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A surviving spouse and at least one surviving descendant and if one or more of the surviving descendants are not the descendants of the surviving spouse |
The surviving spouse receives one-half of the assets. The surviving descendants receive one-half of the assets |
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Surviving descendants but no surviving spouse |
The surviving descendants receive all of the assets. |
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At least one surviving parent but no surviving spouse and no surviving descendants |
The surviving parent(s) receive all of the assets |
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No surviving parents, no surviving spouse, no surviving descendants and at least one surviving descendant of decedent's parents |
The surviving descendants of the decedent's parents (meaning brothers and sisters of the decedent and/or the descendants of the brothers and sisters of the decedent) receive all of the assets |
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No surviving parents, no surviving spouse, no surviving descendants, no surviving descendants of decedent's parents and at least one surviving grandparent |
The maternal grandparents or, if they are deceased, their surviving children receive one-half of the assets; the paternal grandparents or, if they are deceased, their surviving children receive one-half of the assets |
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No surviving parents, no surviving spouse, no surviving descendants, no surviving descendants of decedent's parents, no surviving grandparents and at least one surviving aunt, uncle and/or child or grandchild of an aunt or uncle |
The uncles and aunts and/or the children and grandchildren of deceased uncles and aunts receive all of the assets |
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No surviving parents, no surviving spouse, no surviving descendants, no surviving descendants of decedent's parents, no surviving grandparents, no surviving aunt, uncle or child or grandchild of an aunt or uncle |
All assets will pass to the Commonwealth of Pennsylvania |
Non-probate assets will usually pass to the surviving joint owner of the asset or to the person or organization named as the beneficiary. However, even non-probate assets can be impacted by intestacy laws, such as when there is a failure to name a beneficiary.
Because intestacy laws are inflexible, and you cannot predict which of your family members will survive you, making a Will can give you the peace of mind that your wishes will be followed as to who will receive your property – whether you have a sprawling estate like Prince or not.
For more information about Wills and other estate planning documents, contact Jerner Law Group, P.C. at 215-843-6000 or at info@jernerlaw.com.
[1] Probate property is property that does not pass by operation of law (such as to certain surviving joint owners) or by virtue of contract law (such as by beneficiary designation).
[2] There are certain circumstances in which an intestate heir will not receive his or her intestate share. For instance, a surviving spouse will not receive an intestate share if, for at least one year prior to the decedent's death, the surviving spouse "willfully and maliciously deserted" the decedent.
[3] A potential intestate heir must survive the decedent by at least 5 days; if the potential intestate heir does not survive the decedent for at least 5 days, the potential intestate heir will be treated as if the heir had predeceased the decedent.
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