2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 21 - Intestate Succession
2104 - Rules of succession.

     § 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). Section 14(b)(2) of
     Act 50 provided that the amendment shall apply to intestacies
     occurring on or after the effective date of Act 50, even if the
     trust became irrevocable before the effective date of Act 50.
        Cross References.  Section 2104 is referred to in sections
     2103, 6205 of this title.