When someone dies without a will in Pennsylvania, the state’s intestate succession law determines who inherits their property, including their home. The deceased is said to have died “intestate,” and the distribution of their assets follows a fixed statutory formula in the Pennsylvania Probate, Estates and Fiduciaries Code rather than their personal wishes. For the family, this means the home does not automatically pass to any one person. It is distributed according to the law’s hierarchy, and selling it requires a court-appointed administrator with the authority to act.
This guide explains who inherits, how the process works, and what it takes to sell a home from an intestate estate.
Who inherits under Pennsylvania intestate succession
Pennsylvania’s intestate succession law (20 Pa. C.S. § 2101 et seq.) distributes the estate based on which relatives survive the deceased. The most common scenarios:
Surviving spouse and no children or parents: The spouse inherits the entire estate.
Surviving spouse and children who are all also the spouse’s children: The spouse inherits the first $30,000 plus one-half of the remaining estate. The children share the other half.
Surviving spouse and children who are not all the spouse’s children: The spouse inherits one-half of the estate. The children share the other half. (The $30,000 allowance does not apply in this case.)
Surviving spouse and surviving parents (no children): The spouse inherits the first $30,000 plus one-half of the balance. The deceased’s parents inherit the remainder.
Children but no surviving spouse: The children inherit the entire estate in equal shares.
No spouse and no children: The estate passes to the deceased’s parents, then to siblings, then to more distant relatives, following the statutory order.
The practical consequence for a home: when multiple heirs inherit shares, the home is owned by all of them together. No single heir can sell it without the others, and decisions about the property require either agreement among the heirs or the authority of the estate’s administrator.
How the administrator is appointed
Without a will, there is no named executor. Instead, someone must petition the Register of Wills in the county where the deceased lived to be appointed as the administrator of the estate. The Register issues Letters of Administration, which are the intestate equivalent of the Letters Testamentary issued when there is a will.
Pennsylvania law sets an order of priority for who may serve as administrator: the surviving spouse first, then the children or other heirs, then other interested parties. Where multiple heirs have equal priority and disagree about who should serve, the process can become contested and slower.
The administrator, once appointed, has the legal authority to manage the estate, including listing and selling the home. Until Letters of Administration are issued, no one has authority to sell the property, sign a listing agreement, or accept an offer. This is the first and most important step.
How the home gets sold from an intestate estate
Once the administrator is appointed, the process of selling an intestate home is largely the same as selling from any estate:
Confirm authority. The Letters of Administration establish the administrator’s authority. Title companies and buyers require this document before closing.
Establish the date-of-death value and the current market value. The date-of-death value matters for inheritance tax and capital gains basis. The current market value, established through a comparative market analysis, determines the listing price.
Address the heirs’ interests. Because intestate estates often involve multiple heirs with defined shares, the administrator must keep the heirs informed and coordinate decisions. Where heirs disagree about whether to sell, at what price, or on what timeline, the situation requires careful handling. Karen’s role in these situations is to provide accurate market information that supports a resolution among the heirs and their counsel. She does not advocate for one heir over another.
Distribute proceeds according to the statutory shares. After the sale closes, the net proceeds are distributed to the heirs in the proportions the intestate succession law dictates, after payment of estate debts, taxes, and costs.
When heirs disagree: the partition option
Intestate estates are particularly prone to disagreement among heirs because no will expressed the deceased’s wishes. When co-heirs cannot agree on whether to sell the home, Pennsylvania law allows any co-owner to file a partition action, asking a court to force the sale and divide the proceeds.
A court-ordered partition sale typically produces a lower net than a cooperatively managed listing, and the process is more expensive and adversarial. For most intestate estates, reaching agreement among the heirs and selling cooperatively produces a far better financial outcome than litigation. An early, neutral market valuation often provides the shared information that allows heirs to reach that agreement.
How intestate succession affects the inheritance tax
Dying without a will does not change Pennsylvania’s inheritance tax. The tax is assessed based on the relationship between the deceased and each beneficiary, regardless of whether there was a will. Direct descendants (children, grandchildren) pay 4.5%, siblings pay 12%, and others pay 15%. A surviving spouse pays 0%. The Pennsylvania executor’s guide and the guide to how long probate takes in Pennsylvania cover the tax and timeline in more detail.
The practical takeaway
Appointment comes first. Nothing can happen with the home until someone is appointed administrator and receives Letters of Administration. The family should begin this process promptly through the Register of Wills.
The home belongs to all the heirs. Under intestate succession, multiple heirs typically share ownership. Selling requires either their agreement or the administrator’s authority, and decisions should be made with all heirs informed.
Cooperation beats litigation. The financial outcome of a cooperatively managed sale is almost always better than a court-ordered partition. Where there is disagreement, neutral market information is the most useful tool for reaching resolution.
This guide is general information, not legal advice. An estate attorney should be consulted for any specific intestate situation.
Working with Karen
Karen Langsfeld is a REALTOR® and Pricing Strategy Advisor (P.S.A.) with Berkshire Hathaway HomeServices Fox & Roach in Blue Bell. She works with administrators and heirs across Montgomery County, Bucks County, the Main Line, and South Jersey, coordinating with estate counsel and providing the neutral market information that helps intestate estates move forward.
The estate sales page covers the full range of engagements Karen handles. Contact Karen at (215) 495-2914 or through the contact page.