Pennsylvania Petition of Distribution (Intestacy)

State:
Pennsylvania
Control #:
PA-SKU-0646
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PDF
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Description

Petition of Distribution (Intestacy)

The Pennsylvania Petition of Distribution (Intestacy) is a court document that is used to distribute the assets of a deceased person who died without a valid will. It is filed by an executor or administrator of the estate of the deceased. The petition is used to identify the deceased's heirs, determine the value of the assets, and distribute the assets according to the laws of intestacy in Pennsylvania. The petition must be filed in the county where the deceased resided at the time of death. There are two types of Pennsylvania Petition of Distribution (Intestacy): a formal petition and an informal petition. The formal petition is a more detailed document that must be filed and approved by the court. The informal petition is a simpler document that can be filed without court approval. Both types of petitions must include the name and address of the deceased, the names of the heirs, a list of the assets, and an estimate of the value of the assets.

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FAQ

No surviving spouse ? If your spouse predeceased you, your entire estate will go to your children. If you have no surviving children, the estate will be divided equally between your parents. If you have no surviving spouse, children or parents, the estate will go to your siblings or their children.

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.

Typical Intestate Succession Rules Generally, a surviving spouse receives the largest share of a decedent's property, followed by the decedent's children. Children commonly include adopted children but not step-children or foster children.

If you die without a will in Pennsylvania, your assets will pass to your closet living next of kin pursuant to state ?intestate succession? laws.

Intestate Succession Generally Intestate succession is designed to first protect the surviving spouse and the surviving children. If there is no surviving spouse or surviving children, the law will provide for extended family, including parents, siblings, aunts, uncles, and their children and grandchildren.

If the decedent and his or her current spouse are their parents, the children are entitled to an inheritance only after the surviving spouse inherits $30,000 and half of the balance of the estate. But if the children were born out of marriage or during a previous relationship, their share shifts to half of the estate.

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.

When a person dies without a will, they have died ?intestate.? In cases where someone dies intestate, the Register of Wills will appoint someone to administer the estate. Usually, the estate administrator is a spouse or child of the person who died.

More info

524.3-1001 FORMAL PROCEEDINGS TERMINATING ADMINISTRATION; TESTATE OR INTESTATE; ORDER OF DISTRIBUTION, DECREE, AND GENERAL PROTECTION. Probate ends when all debts and taxes are paid and all assets are distributed.A petition can be filed any time after 120 hours (five days) from the time of a decedent's death. Complete the Affidavit of Mailing in this packet and file it with the Probate Court. (Remember to have your signature notarized.) Arrange for Publication: 1. Estate Administration Timeline ; 8 to 16 months. Hearing on petition for final distribution and accounting ; 8 to 16 months. The probate court will hold a hearing on the petition for final distribution and accounting. A schedule for the distribution of all remaining assets of the estate is filed and served with this petition. 11. No Michigan estate or inheritance tax is due.

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Pennsylvania Petition of Distribution (Intestacy)