What Happens When You Die Without a Will?

Estate planning is one of the most important but often overlooked steps in protecting your legacy and providing clarity for your loved ones. Without the proper documents in place, such as a will, state law dictates how your assets are distributed and who administers your estate, which may not reflect your intentions. Proactive planning can allow you to preserve control, minimize stress for family members, and ensure your wishes are honored.

Understanding regional rules is essential, as intestacy laws vary by state and can significantly affect how assets are distributed. We break down what happens in Pennsylvania, New Jersey, and Delaware when someone dies without a will and what they mean to your loved ones.  State law determines the disposition of your probate estate.

If you do not have a will, you default on your state law to determine who will inherit your probate assets.  This could vary depending upon the state in which you live. Some states are more friendly to a surviving spouse while others will split assets between a surviving spouse and other relatives.

Married with children exclusively from current marriage

New Jersey: The surviving spouse inherits 100% of the estate.¹

Pennsylvania: The surviving spouse inherits the first $30,000 plus 50% of the balance. The children inherit the remaining 50%.²

Delaware: The surviving spouse inherits the first $50,000 plus 50% of the balance, plus the right to live on the property for as long as they are alive. Children inherit the remaining 50%.³

Married with children from previous relationship

New Jersey: The spouse inherits the first 25% (but not less than $50,000 or more than $200,000), plus half the balance. Children from the previous relationship split the rest.⁴

Pennsylvania: The spouse inherits 50% of the estate. The children (including those not from marriage) divide the other 50%.⁵

Delaware: The spouse inherits 50% of the estate plus the ability to use the property during their lifetime. Children inherit the rest.⁶

Surviving Spouse with No Children but with Parents Living

New Jersey: The spouse inherits the first 25% (not less than $50,000 up to max $200k) plus 75% of the balance. Parents inherit the remaining 25%.⁷

Pennsylvania: The spouse inherits the first $30,000 plus 50% of the balance. Parents   inherit the remaining 50%.⁸

Delaware: The spouse inherits the first $50,000 plus 50% of the balance and a life estate in real estate. Parents inherit the rest.⁹

 Unmarried with No Children 

All States (Pennsylvania, New Jersey, Delaware): The estate passes to parents, and if               they are deceased, then to siblings, then more remote relatives.^10,11,12

In addition, there are some similarities between states.  In New Jersey, Pennsylvania, and Delaware stepchildren do not inherit unless they are legally adopted.^13,14,15

1. Need for Administrator to be Appointed.  Your will is also your opportunity to appoint who will settle your estate.  This will be a court appointed administrator and not an executor that you could have chosen in your will.  Although only chosen from a select group of people, this court appointed administrator may not be the individual you would have otherwise chosen.¹⁶
2. Death taxes also differ between the states. Pennsylvania imposes an inheritance tax of 4.5% on direct heirs (children (unless the child was under 21 years old) and grandchildren) while it has a 0% tax on surviving spouses. New Jersey does not tax Class A beneficiaries (spouse, children, stepchildren, or parents). Delaware has no inheritance or estate tax.¹⁷

Having a will allows you to control the disposition and choose the appropriate person to administer your estate. Taking steps today can help prevent uncertainty tomorrow. Whether you’re just beginning to think about estate planning or reviewing an existing plan, the experienced professionals at Bryn Mawr Trust are here to help you navigate the process with confidence. Contact us to discuss your goals and develop an estate plan tailored to your unique needs so you can feel secure knowing your legacy is in trusted hands.

¹ NJ Intestate Succession: Who Inherits When There is No Will?
² Chapter 21. – Title 20 – DECEDENTS, ESTATES AND FIDUCIARIES
³ Delaware Code Online
⁴ New Jersey Intestate Succession
⁵ Chapter 21. – Title 20 – DECEDENTS, ESTATES AND FIDUCIARIES
⁶ Delaware Code Online
⁷ New Jersey Intestate Succession
⁸ Chapter 21. – Title 20 – DECEDENTS, ESTATES AND FIDUCIARIES
⁹ Delaware Code Online
¹⁰ Chapter 21. – Title 20 – DECEDENTS, ESTATES AND FIDUCIARIES
¹¹ New Jersey Intestate Succession
¹² Delaware Code Online
¹³ Chapter 21. – Title 20 – DECEDENTS, ESTATES AND FIDUCIARIES
¹⁴ New Jersey Intestate Succession
¹⁵ Intestate Succession in Delaware
¹⁶ Probate & Estate Administration Archives — LaMonica Law Firm LLC
¹⁷ Delaware Estate Tax: Everything You Need to Know