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Pennsylvania Wrongful Death Intestate Laws
Economic Portion of the Presumed Award
The spouse, children, or parents of the deceased may recover in proportion to what they would take under the intestate laws. If there is no spouse, children, or parents, the personal representative can only collect damages on behalf of the deceased (hospital, nursing, medical, funeral expenses, and expenses of administration necessitated by injuries causing death).
See 42 Pa. Stat § 8301(b) (2002).
Priority Under Intestate Laws
1. Spouse and no children or parents – everything to spouse.
2. Spouse and parent (no children) -- everything to spouse.
3. Spouse and children -- spouse takes 1/2 the estate. If the children are also the spouse’s, the spouse also takes $30,000. If they are not, spouse only takes 1/2. Children divide the remainder equally as long as they are in the same generation.
4. Children and no spouse -- the children take all. Shares are divided equally among the children in the same generation.
5. Parents, no children or spouse -- parents share equally.
6. No spouse, children, or parents --brothers, sisters, or their children take all. Shares are divided equally as long as those eligible are in the same generation.
See 20 Pa. Con. Stat .Ann. §§ 2101, et. seq. (2002).
When there are Children of Different Generations
The estate is divided into as many shares as there are living members of the nearest generation of children to the victim, including deceased children in the same generation who left behind
children. Each surviving heir in the nearest generation to the victim receives one share and
the share of each deceased person in the same generation is divided among his or her
descendants in the same manner.
See 20 Pa. Con. Stat .Ann. §§ 2101, et. seq. (2002).
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