As the only biological child, what share do I get under intestate succession when there’s a spouse and stepchildren? - Pennsylvania
The Short Answer
In Pennsylvania, if the person who died had a surviving spouse and you are the only biological child, your share depends on whether you are also the spouse’s child. If you are not the surviving spouse’s child, the spouse generally receives one-half of the intestate estate and you generally receive the other half.
What Pennsylvania Law Says
Pennsylvania’s intestate succession rules first determine the surviving spouse’s share. Whatever portion is not allocated to the spouse then passes to the decedent’s “issue” (generally, children and descendants). Stepchildren typically do not inherit through intestacy unless they were legally adopted by the decedent.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 2102.
This statute establishes that when a decedent leaves a surviving spouse and also leaves surviving “issue,” the spouse’s intestate share is either the first $30,000 plus one-half of the balance (when all of the decedent’s issue are also the spouse’s issue) or one-half of the intestate estate (when one or more of the decedent’s issue are not the spouse’s issue).
After the spouse’s share is determined, the remainder passes to the decedent’s issue under 20 Pa.C.S. § 2103.
If you want more background on stepchildren and inheritance, you may find this helpful: Can stepchildren inherit without adoption or a will 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. Legal outcomes often depend on:
- Strict Deadlines: Heirs can lose leverage if they wait too long to address estate administration issues, creditor claims, or disputes about what is (and is not) part of the probate estate.
- Burden of Proof: It often takes documentation to prove heirship, confirm whether a stepchild was legally adopted, and identify which assets are actually part of the “intestate estate” (some assets pass outside probate).
- Exceptions: The spouse’s share changes depending on whether the decedent’s children are also the spouse’s children under 20 Pa.C.S. § 2102, and disputes can arise over paternity, adoption, and omitted/unknown heirs.
Trying to handle this alone can lead to avoidable conflict with the surviving spouse, missed assets, or an incorrect distribution that later has to be unwound through court involvement.
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.