Beneficiaries Dying Near in Time
Property intended for someone who initially survives the decedent, but dies shortly afterward is distributed differently, depending upon whether the decedent has a valid will or has died intestate.

Intestate
If an heir survives the decedent by at least five days, any property intended for that heir becomes a part of his or her estate. If an heir does not survive the decedent's death for at least five days, the property is given back to the decedent's estate and distributed to the decedent's remaining heirs according to Pennsylvania's intestacy laws.

Property given to an heir's estate is available to pay the deceased heir's debts. Also, property given to an heir's estate may be transferred out of the decedent's family, which is not what most people prefer. Once in the heir's estate, the property is controlled by the terms of the heir's will or distributed under the intestacy laws as they relate to the heir.

Testate
If a will does not specify the time that each beneficiary must survive the testator's death, any testamentary gift for a beneficiary who is living at the time of the testator's death is given to that beneficiary's estate. Unlike an heir, the beneficiary does not have a minimum time period that must be met, he or she must only be living at the time of the testator's death. However, Wills may be used to control how long beneficiaries must survive the testator. When instructions for survival are given, any testamentary gift for a beneficiary who does not survive for the specified time period will continue to be controlled by the testator's will.

See: Divorce Following a will; Marriage Following A will; Children Born After A will