The Short Answer

In Pennsylvania, intestate succession only controls the part of the home that becomes part of the deceased co-owner’s probate estate. If the house was titled with a right of survivorship (or, for spouses, as tenants by the entireties), the surviving co-owner typically receives the deceased owner’s interest automatically, and intestate succession generally does not divide that interest.

What Pennsylvania Law Says

The key issue is not just that there was no will—it’s how the deed is titled. Joint ownership can be structured so that the deceased owner’s share passes automatically to the survivor (outside probate), or so that the deceased owner’s share becomes part of the estate and is inherited under Pennsylvania’s intestate succession rules.

The Statute

The primary law governing intestate shares in Pennsylvania is 20 Pa.C.S. § 2102 (share of surviving spouse), together with 20 Pa.C.S. § 2103 (shares of heirs other than a surviving spouse).

These statutes establish who inherits the “intestate estate” (the probate property left without a will) and in what proportions—typically prioritizing a surviving spouse and children, then parents, then siblings, and so on.

Important: If the home passes by survivorship (common with joint tenancy with right of survivorship, and with spouses holding title as tenants by the entireties), that interest usually does not become part of the intestate estate to be divided under §§ 2102–2103.

For more background, you may also want to read: Do Joint Bank Accounts and Jointly Owned Property Automatically Transfer at Death Without a Will in Pennsylvania?

Why You Should Speak with an Attorney

Even when the “no will” part is clear, jointly owned real estate can turn into a dispute quickly because the outcome depends on title language, family relationships, and whether the property is actually part of the probate estate. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania intestacy law includes survivorship timing rules (for example, heirs generally must survive the decedent by a minimum period in some situations). See 20 Pa.C.S. § 2104(10).
• Burden of Proof: If family members disagree about whether the deed created survivorship rights or a tenancy in common, the paperwork and surrounding facts can become central—and the wrong assumption can derail an estate administration or sale.
• Exceptions: Special rules can apply in unusual circumstances (for example, if co-owners die close in time and it’s unclear who survived whom, Pennsylvania has specific distribution rules for jointly held property). See 20 Pa.C.S. § 8503.

Trying to handle this alone can lead to title problems, delays in selling or refinancing, or disputes among heirs and the surviving co-owner—especially when the property is in another state but the owner lived (or died) with Pennsylvania connections.

Get Connected with a Pennsylvania Attorney

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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.