§ 2104. Rules of succession.
The provisions of this chapter shall be applied to both real and personal estate in
accordance with the following rules:
(1) Taking in different degrees.--The shares passing under this chapter to the issue of the decedent, to the issue of
his parents or grandparents or to his uncles or aunts or to their children, or grandchildren,
shall pass to them as follows: The part of the estate passing to any such persons
shall be divided into as many equal shares as there shall be persons in the nearest
degree of consanguinity to the decedent living and taking shares therein and persons
in that degree who have died before the decedent and have left issue to survive him
who take shares therein. One equal share shall pass to each such living person in
the nearest degree and one equal share shall pass by representation to the issue of
each such deceased person, except that no issue of a child of an uncle or aunt of
the decedent shall be entitled to any share of the estate unless there be no relatives
as close as a child of an uncle or aunt living and taking a share therein, in which
case the grandchildren of uncles and aunts of the decedent shall be entitled to share,
but no issue of a grandchild of an uncle or aunt shall be entitled to any share of
the estate.
(2) Taking in same degree.--When the persons entitled to take under this chapter other than as a surviving spouse
are all in the same degree of consanguinity to the decedent, they shall take in equal
shares.
(3) Whole and half blood.--Persons taking under this chapter shall take without distinction between those of
the whole and those of the half blood.
(4) After-born persons; time of determining relationships.--Persons begotten before the decedent's death but born thereafter, shall take as if
they had been born in his lifetime.
(5) Source of ownership.--Real estate shall pass under this chapter without regard to the ancestor or other
relation from whom it has come.
(6) Quantity of estate.--Any person taking real or personal estate under this chapter shall take such interest
as the decedent had therein.
(7) Tenancy in estate.--When real or personal estate or shares therein shall pass to two or more persons,
they shall take it as tenants in common, except that if it shall pass to a husband
and wife they shall take it as tenants by the entireties.
(8) Alienage.--Real and personal estate shall pass without regard to whether the decedent or any
person otherwise entitled to take under this chapter is or has been an alien.
(9) Person related to decedent through two lines.--A person related to the decedent through two lines of relationship shall take one
share only which shall be the larger share.
(10) Requirement that heir survive decedent for five days.--Any person who fails to survive the decedent by five days shall be deemed to have
predeceased the decedent for purposes of intestate succession and the decedent's heirs
shall be determined accordingly. If the time of death of the decedent or of a person
who would otherwise be an heir, or the times of death of both, cannot be determined,
and it cannot be established that the person who would otherwise be an heir survived
the decedent by five days, that person shall be deemed to have failed to survive for
the required period. This section shall not be applied where its application would
result in a taking by the Commonwealth under section 2103(6) (relating to shares of
others than surviving spouse).
(11) Intestacy following valid prior estate.--In the event of an intestacy occurring at the termination of a valid prior estate,
the identity and shares of the intestate heirs then entitled to take shall be ascertained
as though the death of the testator, settlor or grantor had occurred at the time of
the termination of the prior estate.
(July 9, 1976, P.L.551, No.135, eff. imd.; Apr. 18, 1978, P.L.42, No.23, eff. 60 days;
May 16, 2002, P.L.330, No.50, eff. 60 days)
2002 Amendment. Act 50 added par. (11).
Cross References. Section 2104 is referred to in sections 2103, 6205 of this title.
Notes of Decisions
Bahl v. Lambert Farms, Inc., 819 A.2d 534 (Pa. 2003).
· cites it 4× “4(1) (1950) (emphasis added); see also 20 Pa. C.S. § 2104(1) (2002). It further emphasized that "[w]hen the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“075 (2007); 20 Pa. Cons.Stat. Ann. § 2104(4) (2005); S.”
Just. v. Booth Maternity Ctr., 498 A.2d 950 (Pa. 1985).
· cites it 2× “The instant decedent does not seek to recover under the Wrongful Death Act as an intestate heir for, admittedly, such an action would be barred by statute.”
Seaman v. Colvin, 145 F. Supp. 3d 421 (E.D. Pa. 2015).
· cites it 5× “One factor which may be considered is legislative history of 20 Pa. C.S. § 2104. 2 Title 20 Pa.C.S. § 2104(4), the Pennsylvania afterborn-heirs provision, appears to have been modeled after the 1946 Model Probate Code (“MPC”), see In re Certified Question from U.”
Quinn v. Com., Dept. of Trans., 719 A.2d 1105 (Pa. Commw. Ct. 1998).
“The Wrongful Death Act therefore incorporates by reference the rules of intestate succession found elsewhere in the statutes and thus may be construed in pari materia with the rules of descent found in Section 2104 of the Intestate Succession Code, as amended, 20 Pa.C.S. § 2104.…”
In Re Jones, 660 A.2d 76 (Pa. Super. Ct. 1995).
“20 Pa.C.S. § 2104. 6 . We note that there is no allegation of fraud by the cousins in this case.”
In re the Est. of McCutcheon, 699 A.2d 746 (Pa. Super. Ct. 1997).
“The analysis which follows supplies this Court’s reasoning in support of the position taken by appellant and against the reasoning of the trial court due to error of law.”
Est. of Rose, J. Appeal of: Reilly, A. (Pa. Super. Ct. 2023).
· cites it 2× “4(1) (1950) (emphasis added); see also 20 Pa.C.S. § 2104(1) (2002). It further emphasized that “[w]hen the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares.”
In Re: G.A.T., Appeal of: T.T. & E.D.T. (Pa. Super. Ct. 2024).
· cites it 2× “”) (emphasis omitted); 20 Pa.C.S. § 2104 (Rule of Succession)…. Orphans’ Court Opinion, 3/20/23, at 4 (citation omitted).”
Est. of: Valeriy Krichmar Appeal of: Krichmar, G (Pa. Super. Ct. 2015).
“§ 2103(5), Daniel is an intestate heir of Valeriy’s estate, as is his daughter, Appellant Galina Krichmar, but under 20 Pa.C.S. § 2104(1) Daniel receives the entire share as long as he is living.”
Est. of: Boris Krichmar, Dec'd. (Pa. Super. Ct. 2015).
“§ 2103(5), Daniel is an intestate heir of Valeriy’s estate as is his daughter, Appellant Galina Krichmar, but under 20 Pa.C.S. § 2104(1) Daniel receives the entire share as long as he is living.”
— 20 Pa. Cons. Stat. § 2104(1) — 4 cases
Bahl v. Lambert Farms, Inc., 819 A.2d 534 (Pa. 2003).
“4(1) (1950) (emphasis added); see also 20 Pa. C.S. § 2104(1) (2002). It further emphasized that "[w]hen the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares.”
Est. of Rose, J. Appeal of: Reilly, A. (Pa. Super. Ct. 2023).
“4(1) (1950) (emphasis added); see also 20 Pa.C.S. § 2104(1) (2002). It further emphasized that “[w]hen the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares.”
Est. of: Valeriy Krichmar Appeal of: Krichmar, G (Pa. Super. Ct. 2015).
“§ 2103(5), Daniel is an intestate heir of Valeriy’s estate, as is his daughter, Appellant Galina Krichmar, but under 20 Pa.C.S. § 2104(1) Daniel receives the entire share as long as he is living.”
Est. of: Boris Krichmar, Dec'd. (Pa. Super. Ct. 2015).
“§ 2103(5), Daniel is an intestate heir of Valeriy’s estate as is his daughter, Appellant Galina Krichmar, but under 20 Pa.C.S. § 2104(1) Daniel receives the entire share as long as he is living.”
— 20 Pa. Cons. Stat. § 2104(2) — 1 case
Bahl v. Lambert Farms, Inc., 819 A.2d 534 (Pa. 2003).
“4(1) (1950) (emphasis added); see also 20 Pa. C.S. § 2104(1) (2002). It further emphasized that "[w]hen the persons entitled to take under this chapter other than as a surviving spouse are all in the same degree of consanguinity to the decedent, they shall take in equal shares.”
— 20 Pa. Cons. Stat. § 2104(4) — 3 cases
Ankrom v. State, 152 So. 3d 397 (Ala. 2013).
“075 (2007); 20 Pa. Cons.Stat. Ann. § 2104(4) (2005); S.”
Just. v. Booth Maternity Ctr., 498 A.2d 950 (Pa. 1985).
“The instant decedent does not seek to recover under the Wrongful Death Act as an intestate heir for, admittedly, such an action would be barred by statute.”
Seaman v. Colvin, 145 F. Supp. 3d 421 (E.D. Pa. 2015).
“One factor which may be considered is legislative history of 20 Pa. C.S. § 2104. 2 Title 20 Pa.C.S. § 2104(4), the Pennsylvania afterborn-heirs provision, appears to have been modeled after the 1946 Model Probate Code (“MPC”), see In re Certified Question from U.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.