Pennsylvania Small Estate Affidavit
Pennsylvania does not use a classic asset-holder small estate affidavit. It settles small estates by petition to the Orphans' Court under 20 Pa.C.S. Section 3102 when the personal estate is $50,000 or less, plus direct payments under Section 3101. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's family collect a modest estate without a full probate administration. Pennsylvania handles small estates differently from most states: it does not use a classic affidavit handed to a bank. Instead, under 20 Pa.C.S. Section 3102, when a person dies domiciled in Pennsylvania owning property of a gross value not exceeding $50,000, the Orphans' Court division may, on a petition by any party in interest, direct distribution of the property to those entitled to it. That $50,000 is measured exclusive of real estate and of amounts payable under Section 3101, but it includes personal property claimed as the family exemption. Pennsylvania also allows quicker direct payments under 20 Pa.C.S. Section 3101 without any court step: an employer may pay wages up to $10,000, a bank may pay a deposit account up to $20,000, a facility may pay a patient care account up to $10,000 for burial, and an insurer may pay up to $11,000 of life insurance payable to the estate after 60 days. Section 3102 sets no fixed number of days after death before the petition may be filed. DocDraft builds your Pennsylvania small estate petition and sworn statement from your facts, with attorney review available before you file.
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Key Things to Know
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A small estate affidavit is a sworn statement used to collect a decedent's property without full probate; Pennsylvania instead uses a petition to the Orphans' Court to settle a small estate under 20 Pa.C.S. Section 3102, supported by a sworn statement of the estate.
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The Section 3102 small estate procedure is available when the decedent's property has a gross value not exceeding $50,000 (20 Pa.C.S. Section 3102).
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That $50,000 is measured exclusive of real estate and of amounts payable under Section 3101, but it includes personal property claimed as the family exemption (20 Pa.C.S. Section 3102).
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Section 3102 sets no fixed number of days after death before the small estate petition may be filed, unlike the 30-day or 45-day waits in most states.
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The petition is filed in the Orphans' Court division of the county where the decedent was domiciled, by any party in interest, and the court's decree of distribution authorizes transfer agents and others to release the property (20 Pa.C.S. Section 3102).
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Separately, 20 Pa.C.S. Section 3101 lets an employer pay wages up to $10,000, a bank pay a deposit account up to $20,000, and a patient care account pay up to $10,000, directly to family without any court step.
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An insurer may pay up to $11,000 of life insurance payable to the estate to family after 60 days under 20 Pa.C.S. Section 3101(d).
Key decisions before you file
Before you file a Small Estate Affidavit in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Pennsylvania Requirements for Small Estate Affidavit
Petition to the Orphans' Court
Pennsylvania settles a small estate by petition to the Orphans' Court division under 20 Pa.C.S. Section 3102, not by a stand-alone affidavit handed to a bank. The court may direct distribution of the property to those entitled to it.
$50,000 Gross Value Limit
The Section 3102 small estate procedure is available when the decedent's property has a gross value not exceeding $50,000 (20 Pa.C.S. Section 3102). The value is measured exclusive of real estate and of amounts payable under Section 3101, but includes personal property claimed as the family exemption.
No Fixed Waiting Period
Section 3102 sets no fixed number of days after death before the small estate petition may be filed, unlike the 30-day or 45-day waits in most states. The one timing rule is that a Section 3101(d) life insurance direct payment can be made only after 60 days.
Real Estate Excluded From the Limit
The $50,000 test is measured exclusive of real estate, and the court's authority to distribute personal property under Section 3102 is not restricted because the decedent also owned real estate of any value (20 Pa.C.S. Section 3102). Real estate to be transferred is handled through other procedures.
Section 3101 Wage and Deposit Payments
Under 20 Pa.C.S. Section 3101, an employer may pay wages, salary, or benefits up to $10,000, and a bank may pay a deposit account up to $20,000, directly to family without any court step, on presentation of a funeral bill or funeral-director affidavit for a deposit payment.
Section 3101 Care Account and Insurance
Under 20 Pa.C.S. Section 3101, a facility may pay a patient care account up to $10,000 for burial, and an insurer may pay up to $11,000 of life insurance payable to the estate to family after 60 days. Preference runs to spouse, child, parent, then sibling.
Who May Petition and Where
Any party in interest may petition, such as an heir, beneficiary, or the person who paid the funeral bill, in the Orphans' Court division of the county where the decedent was domiciled (20 Pa.C.S. Section 3102). The decree of distribution authorizes banks and transfer agents to release the property.
Decree May Be Revoked for One Year
Within one year after a Section 3102 decree of distribution, any party in interest may petition to revoke it if an improper distribution was ordered, and the court may direct restitution (20 Pa.C.S. Section 3102). A person who receives a Section 3101 direct payment is answerable to anyone prejudiced by an improper distribution.
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