DocDraft Logo

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.

0/5000

Key Things to Know

  1. 1

    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.

  2. 2

    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).

  3. 3

    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).

  4. 4

    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.

  5. 5

    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).

  6. 6

    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.

  7. 7

    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.

Open the Small Estate Affidavit guide

Customize your Small Estate Affidavit Template with DocDraft

PENNSYLVANIA SMALL ESTATE PETITION AND SWORN STATEMENT

Petition to Settle a Small Estate under 20 Pa.C.S. Section 3102

In the Court of Common Pleas of [COUNTY] County, Pennsylvania, Orphans' Court Division

Estate of [DECEDENT FULL NAME], Deceased

Petition and sworn statement of [PETITIONER FULL NAME], the petitioner, who being duly sworn states:

  1. Decedent. [DECEDENT FULL NAME], the decedent, died on [DATE OF DEATH] domiciled in [COUNTY] County, Pennsylvania. A certified copy of the death certificate is attached.

  2. Party in interest. The petitioner is a party in interest in this estate as [surviving spouse / child / heir / beneficiary / person who paid funeral expenses] and is entitled to petition under 20 Pa.C.S. Section 3102.

  3. Will. The decedent [died without a will / left a will dated (DATE), a copy of which is attached]. No letters have been issued, or letters were issued as follows: [DESCRIBE].

  4. Value of the estate. The gross value of the decedent's property, exclusive of real estate and of amounts payable under 20 Pa.C.S. Section 3101, but including personal property claimed as the family exemption, does not exceed $50,000.

  5. Property to be distributed. The petitioner asks the court to direct distribution of the following property of the decedent to the parties entitled to it:

    • [ASSET, for example bank account ending 0000 at (BANK), value $______]
    • [ASSET, for example brokerage or transfer-agent shares, value $______]
    • [ASSET, for example final wages from (EMPLOYER), value $______]

  6. Persons entitled. The persons entitled to the property, and their shares, are: [NAME, relationship, share]. [Describe the family exemption claimed, if any.]

  7. Debts and expenses. The known debts of the decedent, funeral expenses, and administration costs are: [LIST]. The petitioner will apply the property to those items to the extent required by law before distribution.

  8. Request. The petitioner asks the Orphans' Court division to enter a decree directing distribution of the property under 20 Pa.C.S. Section 3102, which shall be sufficient authority for transfer agents, registrars, and others to recognize the persons named as entitled to receive the property.

Verification. I verify that the statements in this petition are true and correct to the best of my knowledge, and I understand that false statements are made subject to the penalties for unsworn falsification to authorities.

[PETITIONER FULL NAME], Petitioner Dated: [DATE]

Notary Public, Commonwealth of Pennsylvania

Note: This is a Pennsylvania small estate petition and sworn statement drawn from 20 Pa.C.S. Section 3102, which settles a small estate by petition to the Orphans' Court rather than by an affidavit handed to a bank. Pennsylvania also allows direct payments of certain small amounts to family under 20 Pa.C.S. Section 3101. For the generic template and other states, see the Small Estate Affidavit hub.

Once your Small Estate Affidavit is ready, you can check whether it needs to be notarized in Pennsylvania in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Small Estate Affidavit need to be notarized in Pennsylvania?

Whether a Small Estate Affidavit needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Small Estate Affidavit

Frequently Asked Questions

In most states it is a sworn statement handed to a bank, but Pennsylvania works differently. Under 20 Pa.C.S. Section 3102, a small estate is settled by a petition to the Orphans' Court, supported by a sworn statement, when the decedent's property has a gross value not exceeding $50,000. The court may direct distribution of the property to those entitled to it. Pennsylvania also allows direct payments of certain small amounts under Section 3101 without any court step. So the Pennsylvania tool is a small estate petition rather than a stand-alone affidavit.

Full administration in Pennsylvania grants letters to a personal representative who gathers assets, pays debts, and files an account. The Section 3102 small estate petition skips a full accounting: on a petition by a party in interest, the Orphans' Court may direct distribution of a personal estate of $50,000 or less, whether or not letters have been issued. Pennsylvania also lets employers, banks, and insurers pay limited sums directly to family under Section 3101 without any court proceeding at all.

Under 20 Pa.C.S. Section 3102, the decedent's property must have a gross value not exceeding $50,000. That figure is measured exclusive of real estate and of any amounts payable under Section 3101, but it includes personal property claimed as the family exemption. The court may award distribution of personal property under Section 3102 even though the decedent also owned real estate of any value, because the real estate is not counted toward the $50,000.

Section 3102 sets no fixed number of days after death before the small estate petition may be filed, which is unusual; most states require a 30-day or 45-day wait. The Orphans' Court acts in its discretion, with such notice as it directs, and whether or not letters have been issued or a will probated. The one timing rule to note in Pennsylvania is that a Section 3101(d) life insurance direct payment can be made only after 60 days following the death.

The Section 3102 small estate procedure directs distribution of personal property, and the $50,000 threshold is measured exclusive of real estate. The statute says the court's authority to distribute personal property is not restricted because the decedent also owned real estate, regardless of its value, but the small estate decree itself is about the personal property. Real estate that must be transferred is generally handled through full administration or other Pennsylvania procedures.

Under 20 Pa.C.S. Section 3101, certain holders may pay limited amounts directly to a decedent's family without any court step: an employer may pay wages, salary, or employee benefits up to $10,000; a bank or savings institution may pay a deposit account up to $20,000 when a funeral bill or funeral-director affidavit is presented; 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. Preference runs to spouse, child, parent, then sibling.

The petition is filed in the Orphans' Court division of the county where the decedent was domiciled at the time of death, and it may be brought by any party in interest, such as an heir, a beneficiary, or the person who paid the funeral bill (20 Pa.C.S. Section 3102). The court may act with or without an appraisement and with such notice as it directs. The resulting decree of distribution is the authority for banks and transfer agents to release the property.

A Section 3102 decree can be challenged: within one year, any party in interest may petition to revoke a decree of distribution if an improper distribution was ordered, and the court may direct restitution. A person who receives a Section 3101 direct payment is answerable to anyone prejudiced by an improper distribution. Because the $50,000 test excludes real estate and Section 3101 amounts, a Pennsylvania estate near the line should be reviewed before filing.