Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Pennsylvania law, a qualifying distributee may collect personal property of a decedent without formal probate by filing an affidavit for collection, commonly called a small estate affidavit under 20 Pa.C.S. § 3102 (20 Pa.C.S. § 3102).
- Verify eligibility: Ensure the decedent owned only personal property and the total value does not exceed $50,000. The affidavit process applies only if no petition for probate or administration has been filed.
- Prepare the affidavit: Include the decedent’s full name, date of death, the affiant’s relationship, a statement confirming no estate administration is pending, and the estimated value of property.
- Swear and notarize: Sign the affidavit before a notary public. The notary must certify the affiant’s identity and acknowledgment.
- Attach supporting documents: Attach a certified copy of the death certificate and any required identification of the affiant.
- Submit to property holders: Present the notarized affidavit and attachments to banks, brokers, or other holders of the decedent’s personal property. They must honor the affidavit within six months.
- Document the transfer: Obtain receipts or acknowledgments from each holder. Keep copies of the affidavit and all correspondence for your records.
Helpful Hints
- Confirm the $50,000 threshold under 20 Pa.C.S. § 3102 before proceeding.
- Use clear, concise language to describe the property and its estimated value.
- Keep multiple certified copies of the death certificate.
- Obtain written receipts from all parties releasing property.
- Consult an attorney if the estate exceeds the small estate limit or if disputes arise.