§ 2103. Shares of others than surviving spouse.
(a) Order of succession.--The share of the estate, if any, to which the surviving spouse is not entitled, and
the entire estate if there is no surviving spouse, shall pass in the following order:
(1) Issue.--To the issue of the decedent.
(2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent.
(3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents.
(4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives
the decedent, then half to the paternal grandparents or grandparent, or if both are
dead, to the children of each of them and the children of the deceased children of
each of them, and half to the maternal grandparents or grandparent, or if both are
dead to the children of each of them and the children of the deceased children of
each of them. If both of the paternal grandparents or both of the maternal grandparents
are dead leaving no child or grandchild to survive the decedent, the half which would
have passed to them or to their children and grandchildren shall be added to the half
passing to the grandparents or grandparent or to their children and grandchildren
on the other side.
(5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children
and grandchildren of deceased uncles and aunts of the decedent as provided in section
2104(1) (relating to rules of succession).
(6) Endowed community fund.--In default of all persons hereinbefore described, then to an endowed community fund
in the following order:
(i) An endowed community fund that is located in the decedent's municipality.
(ii) An endowed community fund that is located in the decedent's school district.
(iii) An endowed community fund that is located in the decedent's county.
(iv) If no endowed community fund exists in the municipality, county or school district,
then to the Commonwealth.
(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:
"Community foundation." An organization that meets all of the following requirements:
(1) Has been in existence for at least 10 years.
(2) Supports a broad range of charitable activities.
(3) Qualifies for exemption from Federal income taxation under 26 U.S.C. § 501(c)(3) (relating
to exemption from tax on corporations, certain trusts, etc.).
(4) Maintains an ongoing program to attract new endowment money by seeking gifts and bequests
from a wide range of potential donors.
(5) Is publicly supported, as described in 26 CFR 1.170A-9(f) (relating to definition
of section 170(b)(1)(A) organization).
(6) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11).
(7) Has an independent governing body that represents the interests of the general public
and is not appointed by a single outside entity.
(8) Is subject to an annual independent financial audit.
"Endowed community fund." A fund held by a community foundation that provides grants and benefits to charitable
causes and is intended to exist in perpetuity.
(Apr. 18, 1978, P.L.42, No.23, eff. 60 days; Nov. 24, 2025, P.L.308, No.50, eff. 60
days)
Cross References. Section 2103 is referred to in sections 2104, 3101, 3546 of this title.
Notes of Decisions
Murray Ex Rel. Purnell v. City of Phila., 901 F.3d 169 (3rd Cir. 2018).
“See 20 Pa. Cons. Stat. § 2103 . Murray, Purnell's mother, hired an attorney and obtained letters of administration to act on behalf of her son's estate.”
Peters v. Costello, 891 A.2d 705 (Pa. 2005).
· cites it 2× “20 Pa.C.S. § 2103(1) (shares of intestate estate pass to, among others, issue of decedent; there is no provision for estate to pass to those with informal relationship).”
Baldwin v. Univ. of Pittsburgh Med. Ctr., 636 F.3d 69 (3rd Cir. 2011).
“Instead, the District Court sought elucidation from federal common law and the Pennsylvania Intestate Succession Law, 20 Pa. Cons. Stat. Ann. §§ 2103, 2108, which the District Court concluded mandate that adoption severs the legal link between birth parent and child.”
Est. of Cox, 476 A.2d 367 (Pa. 1984).
· cites it 2× “20 Pa.C.S. § 2103 This statute was amended by the Act of April 18, 1978, P.”
Mowery v. Prudential Prop. & Cas. Ins., 535 A.2d 658 (Pa. 1988).
“Cox Estate, supra, involved a constitutional challenge based on equal protection to the classification of persons entitled to take under the intestate provisions of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 2103. The court again applied the rational basis test and…”
Agresta v. Sambor, 687 F. Supp. 162 (E.D. Pa. 1988).
“20 Pa.Cons.Stat.Ann. § 2101 et seq. (Purdon 1975 and Supp.”
Yakowicz v. Costigan, 331 A.2d 238 (Pa. Commw. Ct. 1975).
· cites it 2× “) The Commonwealth claims that it is a statutory heir by virtue of section 2103 of the Code, 20 Pa. C.S. §2103, wherein it is provided in pertinent part: “The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no…”
Moore v. Pocono Med. Ctr., 56 Pa. D. & C.4th 271 (2001).
“20 Pa.C.S. §2103. Therefore, the administrator must pay to the surviving spouse $30,000 plus one-half of the proceeds of the survival action The remaining balance of the proceeds of the survival action shall be divided equally among the three surviving children.”
In Re: Est. of John J. Lynn (Pa. Super. Ct. 2016).
· cites it 2× “Roberts argues that “[t]his amounted to a procedural default by the Register of Wills in ____________________________________________ 2 Roberts’ claim she falls under Section 3155(b)(3) is based upon 20 Pa.C.S. § 2103, governing “Share of other than surviving spouse,” which…”
In Re: Dominic M. Hull (Pa. Super. Ct. 2022).
· cites it 2× “(definition of “next-of-kin”); see also 20 Pa.C.S. § 2103 (intestate succession statute enumerating the order of persons authorized as next-of-kin for an unmarried decedent).”
— 20 Pa. Cons. Stat. § 2103(1) — 5 cases
Peters v. Costello, 891 A.2d 705 (Pa. 2005).
“20 Pa.C.S. § 2103(1) (shares of intestate estate pass to, among others, issue of decedent; there is no provision for estate to pass to those with informal relationship).”
In Re: Est. of John J. Lynn (Pa. Super. Ct. 2016).
“Roberts argues that “[t]his amounted to a procedural default by the Register of Wills in ____________________________________________ 2 Roberts’ claim she falls under Section 3155(b)(3) is based upon 20 Pa.C.S. § 2103, governing “Share of other than surviving spouse,” which…”
— 20 Pa. Cons. Stat. § 2103(2) — 1 case
— 20 Pa. Cons. Stat. § 2103(3) — 1 case
— 20 Pa. Cons. Stat. § 2103(5) — 3 cases
— 20 Pa. Cons. Stat. § 2103(6) — 2 cases
Yakowicz v. Costigan, 331 A.2d 238 (Pa. Commw. Ct. 1975).
“) The Commonwealth claims that it is a statutory heir by virtue of section 2103 of the Code, 20 Pa. C.S. §2103, wherein it is provided in pertinent part: “The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no…”
— 20 Pa. Cons. Stat. § 2103(l) — 1 case
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