If the decedent and the surviving spouse are separated at the time of death, what is the spouse generally entitled to?

In Pennsylvania, when a decedent and their spouse are separated at the time of death, the surviving spouse is typically entitled to one-third of the estate, assuming there are surviving children or descendants. This is based on the laws governing intestate succession, which dictate how an estate is divided when a person dies without a will.

If a decedent has children, the surviving spouse's share is calculated as one-third of the estate, reflecting the legal perspective that the spouse still has rights to a portion of the estate despite any separation. This provision is designed to ensure that the spouse maintains some level of support even in cases of marital discord.

In cases where there are no children, the surviving spouse may be entitled to the entire estate. However, since the question specifies the presence of separation during the decedent's death, the one-third entitlement remains applicable when children are involved, making it the correct answer.