Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Pennsylvania, heirs may use a small estate affidavit to collect and distribute certain assets without formal probate administration. This streamlined procedure applies when the total value of a decedent’s personal property subject to administration does not exceed $50,000, per 20 Pa.C.S. § 3151. The process typically takes 6–8 weeks and involves the following steps.
1. Determine Eligibility
Confirm that the estate meets the small‐estate threshold. Exclude exempt property (e.g., certain retirement accounts) and deduct funeral expenses, liens and allowed funeral home charges from the gross value of personal property. If the net value is $50,000 or less, you may proceed with the small estate affidavit.
2. Identify the Affiant
The affiant is usually the surviving spouse, a designated beneficiary, or an heir entitled to receive property. The affiant swears under oath to the facts of the estate and the rights of other heirs.
3. Prepare the Affidavit
The affidavit must include:
- Name and date of death of the decedent
- Relationship of the affiant to the decedent
- Description and value of the estate’s personal property
- List of all beneficiaries or heirs, with their mailing addresses
- Statement that no application for formal administration is pending
- Certification that debts, funeral expenses and liens are paid or will be paid
4. Serve Notice on Creditors
Pursuant to 20 Pa.C.S. § 3151(b), provide written notice of the affidavit filing to all known creditors. The creditor period is 40 days from service. Any claim timely filed must be allowed or objected to under Pennsylvania law.
5. File or Deliver the Affidavit
File a certified copy of the affidavit with the clerk of courts (prothonotary) in the county where the decedent resided. Provide a second copy to each institution or person holding estate assets (e.g., banks, brokerage firms) along with proof of service to creditors.
6. Collect and Distribute Assets
After the 40-day creditor period expires, institutions may release assets to the affiant. The affiant must then distribute property to heirs according to the decedent’s will or Pennsylvania’s intestacy statutes (see 20 Pa.C.S. § 2101 et seq.). Keep records of all distributions and descriptions of assets transferred.
Statutory Authority
20 Pa.C.S. § 3151: Small Estate Affidavit Process
Helpful Hints
- Confirm asset values with recent account statements or appraisals.
- Include all heirs, even those who may disclaim their share.
- Keep certified copies of the filed affidavit—institutions often require originals.
- Track deadlines: missing the 40-day creditor window can expose the affiant to liability.
- Review Pennsylvania’s intestacy laws if there is no valid will.
- Consider professional appraisal for items with fluctuating market value.