In Pennsylvania, when a person dies without a Will, they are said to have died "intestate" and their property will pass according to the laws of intestacy. Pennsylvania law divides the assets and belongings of a person who dies intestate between the surviving spouse and either the deceased's issue (children, grandchildren, etc.) or the deceased's parents. If there is no surviving spouse, assets will pass to surviving issue, parents, or even more distant relatives.
As there are no legally recognized relationships for same-sex couples in Pennsylvania, gay and lesbian surviving partners typically will inherit nothing (other than assets which they had owned jointly with their partner or of which they were a beneficiary) from a partner who dies without any estate planning documents in place. Because the surviving partner of a same-sex relationship cannot be recognized as a spouse in Pennsylvania, all of the deceased partner's probate assets will pass instead to the deceased partner's children or parents, if any are then living. Assets will even pass to more distantly related persons if the partner dies intestate with no surviving issue or parents instead of passing to the surviving partner.
Gay and lesbian persons can avoid leaving their surviving partner with nothing if they have the right estate planning documents in place. Each person's individual situation varies, and as such, members of the LGBT community should speak with an attorney to be fully advised of their options.
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