If a couple has no will after the one dies who gets the remaining estate?

after the last person passes from a marriage does only the last ones relatives get
the estate? This is hard to explain

Asked on February 18, 2019 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

The estate will pass by intestate succession, or the rules who who gets what when there is no will. In your state (PA):
1) If the deceased spouse has no descendents (children, grandchildren), the survivor inherits everything.
2) If the deceased had descendants which were also the children of the survivor, the surviving spouse gets the first $30,000 of value in the estate and 1/2 everything over $30k; the descendents share the rest.
3) f the deceased had descendants which were not the children of the survivor, the surviving spouse gets 1/2 of the estate; the descendents share the rest.

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