Detailed Answer
In Pennsylvania, when a decedent’s real property is sold by the personal representative (PR) or under a summary transfer, heirs often must sign specific authorization forms to clear title and direct the distribution of sale proceeds. The exact forms depend on whether the estate qualifies for summary administration or requires full probate under the Probate, Estates and Fiduciaries Code (Title 20 of the Pennsylvania Consolidated Statutes).
1. Affidavit of Heirship (20 Pa.C.S. § 3105)
If the decedent died intestate and no formal probate is opened, heirs can use an Affidavit of Heirship to establish the chain of ownership. This affidavit identifies the decedent, lists heirs and their relationships, and describes the property. Title companies and the county recorder rely on it to remove clouds on title.
Link: 20 Pa.C.S. § 3105
2. Certificate of Transfer (20 Pa.C.S. § 3541)
For small estates (total assets under $50,000, not including real estate), heirs may use a Certificate of Transfer in lieu of formal probate. All heirs must sign the certificate, agreeing that the named heir or PR may transfer real property and distribute sale proceeds.
Link: 20 Pa.C.S. § 3541
3. Waiver of Notice of Intention to File Accounts and Consent to Distribution
Under Orphans’ Court Rule 17.4, a PR may file for summary distribution without a full accounting if all heirs waive notice of intention to file accounts and consent to distribution. Each heir signs a waiver form indicating they have reviewed the estate’s inventory, the proposed sale, and agree to distribution of net proceeds.
Link: Orphans’ Court Rule 17.4
4. Consent to Sale of Real Estate
If the decedent’s will or court order requires heir consent for a real estate sale, a standalone Consent to Sale form may be used. Heirs acknowledge they understand the sale terms and authorize the PR to execute the deed and closing documents.
5. Closing Settlement Statement and Release
At closing, the title company will present a Settlement Statement (HUD-1 or ALTA Closing Statement). Heirs (or the PR) sign to acknowledge receipt of proceeds and to release any lien or claim against the property. If heirs receive funds directly, they may sign a separate Release of Claims form.
When Each Form Applies
- Full Probate: PR uses Rule 17.4 waivers and Consent to Sale, then files a Petition for Distribution in Orphans’ Court.
- Small Estate: Heirs sign Certificate of Transfer and Affidavit of Heirship; no formal probate.
- No Will, No PR: Heirs sign Affidavit of Heirship to clear title, then coordinates sale among themselves.
Helpful Hints
- Consult the Register of Wills in the county where the property sits for local forms and filing fees.
- Review the estate inventory before signing waivers or consents to ensure accuracy.
- Keep original signed forms; title companies and courts require certified copies for recording.
- If multiple heirs live out of state, consider notarizing forms via remote online notary where permitted.
- Engage a closing agent or real estate attorney to confirm that all heir signatures meet title company requirements.