Pa. Cons. Stat. » 20 Pa. Cons. Stat. (DECEDENTS) / Chapter 21
Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 2101 (2026)

  Intestate estate.

✓ current as of May 2026
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CHAPTER 21

INTESTATE SUCCESSION

 

Sec.

2101.  Intestate estate.

2102.  Share of surviving spouse.

2103.  Shares of others than surviving spouse.

2104.  Rules of succession.

2105.  Spouse's rights.

2106.  Forfeiture.

2107.  Persons born out of wedlock.

2108.  Adopted person.

2109.  Advancements (Repealed).

2109.1. Advancements.

2110.  Spouse's allowance; procedure.

2111.  Procedure to establish title to real property when spouse claims entire estate (Repealed).

2112.  Property distributable to the Commonwealth (Repealed).

2113.  Limitations of claims (Repealed).

2114.  Personal estate of nonresident (Repealed).

 

Enactment.  Chapter 21 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.

Cross References.  Chapter 21 is referred to in sections 305, 6306 of this title; section 6115 of Title 18 (Crimes and Offenses).

§ 2101.  Intestate estate.

(a)  General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will.

(b)  Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.

(Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Dec. 1, 1994, P.L.655, No.102, eff. 60 days)

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1984–2024 · leading case: Re: Trust Under Deed of D. Kulig Apl of Budke, C., 175 A.3d 222 (Pa. 2017).
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Re: Trust Under Deed of D. Kulig Apl of Budke, C., 175 A.3d 222 (Pa. 2017). · cites it 3× “” See 20 Pa.C.S. § 2101(a). Hence, inter vivos trusts, which are among assets “disposed of .”
Amadio v. Levin, 501 A.2d 1085 (Pa. 1985). · cites it 2× “It does not regulate who may leave a distributable estate, only who may share in it *208 and, accordingly, we find no difficulty in concluding that since a child en ventre sa mere is an individual, a stillborn's estate which recovers for injuries under the wrongful death or…”
Est. of Cox, 476 A.2d 367 (Pa. 1984). “July 1, 1972, 20 Pa.C.S. § 2101 et seq, as amended, Section 2103 states: § 2103.”
Agresta v. Sambor, 687 F. Supp. 162 (E.D. Pa. 1988). “20 Pa.Cons.Stat.Ann. § 2101 et seq. (Purdon 1975 and Supp.”
In Re Graves, 142 B.R. 115 (Bankr. E.D. Pa. 1992). “However, since our independent research indicated merit in the Debtor’s position, we expended most of the hearing of June 18,1992, in an extended dialogue with Fleet’s counsel, in which we expressed most of the conclusions reached herein in response to counsel’s arguments.”
Est. of W.A. O'Connor, Jr., Appeal of J. O'Connor, Adm'x, 140 A.3d 77 (Pa. Commw. Ct. 2016). “Where an individual dies intestate, assets of the estate are distributed according to Chapter 21 of the Code, 20 Pa.C.S. §§ 2101 -2110. Under the Code, a surviving spouse with surviving issue shared with the decedent is entitled to "the first $30,000 plus one-half of the balance…”
In Re: Est. of V.S., Appeal of: A.S. (Pa. Super. Ct. 2023). “See 20 Pa.C.S. § 2101(a). Thus, it is undisputed that the Smith heirs are the intestate beneficiaries of the “entirety” of the decedent’s estate, including title to any real property that she owned at the time of her death.”
In Re: The Est. of C.L.S., Appeal of: J.S. (Pa. Super. Ct. 2024). “See 20 Pa. C.S. § 2101(a). As is the case in the instant matter, where an intestate decedent dies without a spouse or issue but with living parents, his or her parents are entitled to inherit the individual’s estate as tenants by the entirety.”
Curtis, G. v. Carter, N. (Pa. Super. Ct. 2014). “4 See 20 Pa.C.S. § 2101 et seq.; 20 Pa.C.S. § 2514.”
Marks Est., 4 Pa. D. & C.4th 597 (1989). “rules of intestate descent provide for blood relatives but not in-laws: see 20 Pa.C.S. §2101 et seq. Black’s Law Dictionary (5th ed.”
— 20 Pa. Cons. Stat. § 2101(a) — 3 cases
Re: Trust Under Deed of D. Kulig Apl of Budke, C., 175 A.3d 222 (Pa. 2017). “” See 20 Pa.C.S. § 2101(a). Hence, inter vivos trusts, which are among assets “disposed of .”
In Re: Est. of V.S., Appeal of: A.S. (Pa. Super. Ct. 2023). “See 20 Pa.C.S. § 2101(a). Thus, it is undisputed that the Smith heirs are the intestate beneficiaries of the “entirety” of the decedent’s estate, including title to any real property that she owned at the time of her death.”
In Re: The Est. of C.L.S., Appeal of: J.S. (Pa. Super. Ct. 2024). “See 20 Pa. C.S. § 2101(a). As is the case in the instant matter, where an intestate decedent dies without a spouse or issue but with living parents, his or her parents are entitled to inherit the individual’s estate as tenants by the entirety.”
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