What is the Wife's Intestate Share in Pennsylvania?
Full Question:
Answer:
The answer will depend on whether he created a will or not. If a will is not produced on the death of the testator or it is not signed or executed properly, the testator would be deemed to have died without a will. This is referred to as dying "intestate". If he were still legally married, the wife could inherit the intestate share. The probate court will distribute the estate of the deceased according the laws of Pennsylvania:
20 Pa.C.S.A. § 2102. Share of surviving spouse
The intestate share of a decedent's surviving spouse is:
(1) If there is no surviving issue or parent of the decedent, the
entire intestate estate.
(2) If there is no surviving issue of the decedent but he is survived
by a parent or parents, the first $30,000 plus one-half of the balance of
the intestate estate. Notwithstanding the foregoing, in the case of a
decedent who died as a result of the terrorist attacks of September 11,
2001, a surviving spouse shall be entitled to 100% of any compensation
award paid pursuant to the Air Transportation Safety and System
Stabilization Act (Public Law 107-42, 115 Stat. 230).[fn1]
(3) If there are surviving issue of the decedent all of whom are issue
of the surviving spouse also, the first $30,000 plus one-half of the
balance of the intestate estate.
(4) If there are surviving issue of the decedent one or more of whom
are not issue of the surviving spouse, one-half of the intestate estate.
(5) In case of partial intestacy any property received by the surviving
spouse under the will shall satisfy pro tanto the $30,000 allowance under
paragraphs (2) and (3).
[fn1] 49 U.S.A.C § 40101 note.
20 Pa.C.S.A. § 2103. Shares of others than surviving spouse
The share of the estate, if any, to which the surviving spouse is not
entitled, and the entire estate if there is no surviving spouse, shall
pass in the following order:
(1) Issue. — To the issue of the decedent.
(2) Parents. — If no issue survives the decedent, then to the parents
or parent of the decedent.
(3) Brothers, sisters, or their issue. — If no parent survives
the decedent, then to the issue of each of the decedent's parents.
(4) Grandparents. — If no issue of either of the decedent's parents but
at least one grandparent survives the decedent, then half to the paternal
grandparents or grandparent, or if both are dead, to the children of each
of them and the children of the deceased children of each of them, and
half to the maternal grandparents or grandparent, or if both are dead to
the children of each of them and the children of the deceased children of
each of them. If both of the paternal grandparents or both of the
maternal grandparents are dead leaving no child or grandchild to survive
the decedent, the half which would have passed to them or to their
children and grandchildren shall be added to the half passing to the
grandparents or grandparent or to their children and grandchildren on the
other side.
(5) Uncles, aunts and their children, and grandchildren. — If no
grandparent survives the decedent, then to the uncles and aunts and the
children and grandchildren of deceased uncles and aunts of the decedent
as provided in section 2104(1) (relating to taking in different
degrees).
(6) Commonwealth. — In default of all persons hereinbefore described,
then to the Commonwealth of Pennsylvania.