2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 21 - Intestate Succession
2102 - Share of surviving spouse.

     § 2102.  Share of surviving spouse.
        The intestate share of a decedent's surviving spouse is:
            (1)  If there is no surviving issue or parent of the
        decedent, the entire intestate estate.
            (2)  If there is no surviving issue of the decedent but
        he is survived by a parent or parents, the first $30,000 plus
        one-half of the balance of the intestate estate.
        Notwithstanding the foregoing, in the case of a decedent who
        died as a result of the terrorist attacks of September 11,
        2001, a surviving spouse shall be entitled to 100% of any
        compensation award paid pursuant to the Air Transportation
        Safety and System Stabilization Act (Public Law 107-42, 115
        Stat. 230).
            (3)  If there are surviving issue of the decedent all of
        whom are issue of the surviving spouse also, the first
        $30,000 plus one-half of the balance of the intestate estate.
            (4)  If there are surviving issue of the decedent one or
        more of whom are not issue of the surviving spouse, one-half
        of the intestate estate.
            (5)  In case of partial intestacy any property received
        by the surviving spouse under the will shall satisfy pro
        tanto the $30,000 allowance under paragraphs (2) and (3).
     (Apr. 18, 1978, P.L.42, No.23, eff. 60 days; July 11, 1980,
     P.L.565, No.118, eff. 60 days; Oct. 3, 2003, P.L.175, No.26,
     eff. imd.)

        2003 Amendment.  Section 2 of Act 26 provided that Act 26
     shall be retroactive to September 11, 2001.

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