§ 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).
(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).
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980, P.L.565, No.118, eff.
60 days; Oct. 3, 2003, P.L.175, No.26, eff. imd.)
Notes of Decisions
Cited in
27
cases (
5 in the last 5 years), 1981–2024 · leading case:
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
· cites it 6× “Pennsylvania's intestacy scheme, which is found in the PEF Code, describes the intestate share for a surviving spouse, see 20 Pa.C.S. § 2102, and further provides a right to disclaim, as follows: § 6201.”
Re: Trust Under Deed of D. Kulig Apl of Budke, C., 175 A.3d 222 (Pa. 2017).
· cites it 2× “” 20 Pa.C.S. § 2102(4). 9 Children note that, if their view prevails, which undisputedly is consistent with the law at least until 2006, Wife may opt to take $2,287,867.”
Devlin v. City of Philadelphia, 862 A.2d 1234 (Pa. 2004).
“l); (3) a guaranteed share of an intestate spouse’s estate, 20 Pa.C.S. § 2102; (4) the testimonial privilege between husband and wife, 42 Pa.”
Stecyk v. Bell Helicopter Textron, Inc., 53 F. Supp. 2d 794 (E.D. Pa. 1999).
· cites it 2× “Thereafter, pursuant to the Pennsylvania Intestacy Laws, 20 Pa. Cons.Stat. Ann. § 2102 (“Intestacy Laws”), the first $30,-000 was allocated to plaintiff, which further reduced the amount of the wrongful death proceeds to be allocated between plaintiff and plaintiffs minor child…”
Haviland v. Haviland, 481 A.2d 1355 (Pa. 1984).
“, 20 Pa.C.S. § 2102 (intestate share of surviving spouse); § 2103(1) (intestate share of children); 20 Pa.”
D'Alfonso v. A.R.E.I. Inv. Corp. (In Re D'Alfonso), 211 B.R. 508 (Bankr. E.D. Pa. 1997).
“Hence, although the issue is apparently not contested, we will lay it to rest. It was established at trial that the Property was titled in the names of Frank and Albert, and not that of the Debtor.”
Jagnow, C. v. Jagnow, S., 2021 Pa. Super. 133 (Pa. Super. Ct. 2021).
“See 20 Pa.C.S. §§ 2102 (spousal share of intestate decedent’s estate), 2201-11 (elective share).”
In Re Est. of Corso, 431 A.2d 253 (Pa. 1981).
· cites it 2× “" [3] 20 Pa.C.S. § 2102(2) provides that in cases of intestacy the surviving spouse is entitled to a one-half share of the estate "if the decedent is survived by one child only .”
Gillette v. Wurst, 869 A.2d 488 (Pa. Super. Ct. 2005).
“See 20 Pa.C.S. § 2102. The Gillettes’ plan of distribution differs markedly, however, from that described by this section.”
— 20 Pa. Cons. Stat. § 2102(1) — 2 cases
— 20 Pa. Cons. Stat. § 2102(2) — 4 cases
In Re Est. of Corso, 431 A.2d 253 (Pa. 1981).
“" [3] 20 Pa.C.S. § 2102(2) provides that in cases of intestacy the surviving spouse is entitled to a one-half share of the estate "if the decedent is survived by one child only .”
— 20 Pa. Cons. Stat. § 2102(3) — 4 cases
Gillette v. Wurst, 937 A.2d 430 (Pa. 2007).
“Pennsylvania's intestacy scheme, which is found in the PEF Code, describes the intestate share for a surviving spouse, see 20 Pa.C.S. § 2102, and further provides a right to disclaim, as follows: § 6201.”
D'Alfonso v. A.R.E.I. Inv. Corp. (In Re D'Alfonso), 211 B.R. 508 (Bankr. E.D. Pa. 1997).
“Hence, although the issue is apparently not contested, we will lay it to rest. It was established at trial that the Property was titled in the names of Frank and Albert, and not that of the Debtor.”
Stecyk v. Bell Helicopter Textron, Inc., 53 F. Supp. 2d 794 (E.D. Pa. 1999).
“Thereafter, pursuant to the Pennsylvania Intestacy Laws, 20 Pa. Cons.Stat. Ann. § 2102 (“Intestacy Laws”), the first $30,-000 was allocated to plaintiff, which further reduced the amount of the wrongful death proceeds to be allocated between plaintiff and plaintiffs minor child…”
— 20 Pa. Cons. Stat. § 2102(4) — 5 cases
Re: Trust Under Deed of D. Kulig Apl of Budke, C., 175 A.3d 222 (Pa. 2017).
“” 20 Pa.C.S. § 2102(4). 9 Children note that, if their view prevails, which undisputedly is consistent with the law at least until 2006, Wife may opt to take $2,287,867.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.