The Short Answer

In Pennsylvania (not North Carolina), siblings (and the children of deceased siblings) inherit ahead of more distant relatives like grandparents, aunts/uncles, and cousins when someone dies without a will. More distant relatives only inherit if there is no surviving spouse, no children (issue), and no surviving parent—and then only in the order set by Pennsylvania’s intestacy statute.

What Pennsylvania Law Says

Pennsylvania’s intestate succession rules follow a strict priority list. After the surviving spouse’s share (if any), the law looks first to the decedent’s children and other descendants (“issue”), then to parents, and then to the decedent’s siblings (or, if a sibling has died, that sibling’s descendants). Only if none of those relatives exist does the law move outward to grandparents and then to aunts/uncles and their descendants.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2103.

This statute establishes the order of succession for intestate estates: issue first, then parents, then “brothers, sisters, or their issue,” and only after that more distant relatives such as grandparents and then aunts/uncles (and certain descendants of aunts/uncles).

Relatedly, Pennsylvania also sets rules for how descendants of a deceased sibling may take “by representation,” and limits how far out the family tree inheritance can extend in some collateral lines. See 20 Pa.C.S. § 2104.

If you want a deeper explanation of extended-family inheritance, you may also find helpful: Who inherits if only extended family is left in Pennsylvania?

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple—especially where someone “handled” assets without opening an estate and where there may be two intestate estates (the parent’s estate and then the cousin’s estate). Legal outcomes often depend on:

• Strict priority and standing issues: Who is actually entitled to serve as administrator can depend on who the lawful heirs are, and the Register of Wills generally grants letters of administration in a statutory order of preference. See 20 Pa.C.S. § 3155.
• Burden of proof: If someone is trying to exclude heirs, the dispute often turns on proof of family relationships, survivorship, and whether a deceased sibling’s children step into that sibling’s share (representation) under 20 Pa.C.S. § 2104.
• Exceptions and non-probate assets: Some property may not be controlled by intestacy at all (e.g., joint accounts, beneficiary designations), and “informal distributions” can create tracing, surcharge, and recovery issues that are fact-specific.

In the fact pattern you described—assets distributed without formal probate filings, followed by a second death without a will—an attorney can evaluate whether the first estate needed to be opened, whether the person who took control acted without authority, and what remedies are available to protect rightful heirs before assets disappear or positions harden.

For additional reading on administration and correcting heir information, see: How to get appointed as administrator in Pennsylvania and Correcting wrong heir/sibling information in PA probate.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.