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Pennsylvania · Through 2026-03-18 (Statute Update stamp, 20 Pa.C.S.)

20 Pa.C.S. § 2102: Share of surviving spouse.

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Where this section sits in the code
  1. Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
  2. CHAPTER 21 INTESTATE SUCCESSION

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).

Collected 2026-09-02T16:31:33Z. Source file · JSON

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