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§ 2103. Shares of others than surviving spouse

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and Fiduciaries

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 20 Pa.C.S.A. Decedents, Estates and Fiduciaries (Refs & Annos)
Chapter 21. Intestate Succession (Refs & Annos)
20 Pa.C.S.A. § 2103
§ 2103. Shares of others than surviving spouse
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 taking in different degrees).
(6) Commonwealth.--In default of all persons hereinbefore described, then to the Commonwealth of Pennsylvania.

Credits

1972, June 30, P.L. 508, No. 164, § 2, eff. July 1, 1972. Amended 1978, April 18, P.L. 42, No. 23, § 1, effective in 60 days.
JT. ST. GOVT. COMM. COMMENT--1947
Paragraph (2): Parents will receive their shares as tenants by the entireties under section 4(6) [20 Pa.C.S. § 2104(7) ].
Paragraph (3): This takes the place of section 9 of the 1917 act [Intestate Act of 1917, June 7, 1917, P.L. 429, No. 192]. Issue of deceased brothers and sisters are recognized without limitation. Thus, great grandnephews share in the estate prior to grandparents. This will seldom be applied.
Paragraph (4): This takes the place of sections 10 and 12 of the 1917 act. Section 10 has been criticized by the Supreme Court in Miles's Est., 272 Pa. 329 (1922), as “vague and indefinite; it fails either to say or suggest what possible groups of the persons indicated are to inherit, how these groups are to be ascertained, and whether those composing them take, as individuals, per stirpes or per capita.” Section 12 of the 1917 act attempted to answer these questions but it does not cover all situations.
Grandparents receive their shares in pairs, maternal and paternal, with limited right of representation where both grandparents on one side are deceased and a grandparent on the other side survives.
Paragraph (6): The rights of the Commonwealth as a participant in an intestate estate are accelerated at the expense of persons more remotely related than first cousins, but not prior to indefinite issue of deceased brothers and sisters. A decedent who does not provide by his will for relations more remote than first cousins cannot be supposed to have much concern for them, and it is desired to avoid tedious and expensive searches for distant relations not expressly favored by the testator.
“in default of all persons hereinbefore described” is suggested by the beginning of sections 10 and 24 of the 1917 act.
HISTORICAL AND STATUTORY NOTES
Act 1978-23 legislation
The 1978 amendment, in the introductory paragraph, substituted “pass” for “descend”, and in clause (4), first sentence, substituted “paternal” for “parental”, and in last sentence inserted phrase “or to their children and grandchildren” preceding words “on the other side”.
Section 9 of 1978 April 18, P.L. 42, No. 23, provides that the act shall take effect in 60 days and shall apply only to decedents dying after the effective date.
Prior Laws:
1917, June 7, P.L. 429, §§ 7 to 12 and 19 (20 P.S. §§ 51 to 56, 61 to 74 and 132).
1947, April 24, P.L. 80, § 3 (20 P.S. § 1.3).
1959, Dec. 10, P.L. 1747, No. 652, § 1.
1965, Dec. 22, P.L. 1191, § 1.
20 Pa.C.S.A. § 2103, PA ST 20 Pa.C.S.A. § 2103
Current through 2017 Regular Session Act 32
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