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When a person dies leaving only a small amount of personal property, Pennsylvania law lets certain heirs or beneficiaries collect that property without a full probate administration by using a small-estate affidavit (sometimes called an affidavit for collection of personal property). This article explains the typical steps, what to include in the affidavit, where to file or present it, and practical tips under Pennsylvania law. This is educational information only and not legal advice.

Which law applies?

Pennsylvania’s Decedents, Estates and Fiduciaries provisions (Title 20 of the Pennsylvania Consolidated Statutes) govern probate and estate administration matters. For general court guidance on small estates, see the Pennsylvania Courts’ small estates page: https://www.pacourts.us/legal-help/estate-probate/small-estates. You should also consult Title 20 of the Pennsylvania Consolidated Statutes for statutory language: https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?title=20.

When can you use a small-estate affidavit?

States set a dollar threshold and specific rules for when a small-estate affidavit is allowed. In Pennsylvania, courts and local Register of Wills offices provide the procedures used in each county. Generally, the affidavit process applies when:

• The decedent’s estate consists primarily of personal property (bank accounts, household goods, vehicles, etc.).
• The total value of the personal property falls at or below the statutory or local threshold for summary collection (check current limits with your county Register of Wills or the statutes above).
• There is no pending estate administration opened that would prevent use of the affidavit method.

Who may prepare and submit the affidavit?

A person entitled to the property — typically an heir at law, a beneficiary named in a will, or the personal representative if one has been appointed — may prepare and sign the affidavit. If multiple people are entitled to different items, one person may act on behalf of all if the affidavit states the distribution and the other heirs agree.

What must the affidavit say?

A small-estate affidavit should state facts that let a third party (bank, title company, vehicle bureau, landlord, etc.) rely on the affiant’s right to collect the property. Typical required elements include:

• Identification of the decedent (full name, date of death, last address).
• Statement of the affiant’s identity and relationship to the decedent (heir, spouse, beneficiary, etc.).
• A list of the decedent’s personal property to be collected and the estimated value of each item or the total aggregate value.
• A statement that no formal probate administration is pending in the county (or that the estate is small and eligible for the affidavit procedure).
• An assertion that the affiant is entitled to possession under the will or by intestacy and that no one else has superior right to the listed property.
• A pledge that the affiant will deliver property or funds as required by law or as agreed among heirs and will notify the court or relevant parties if claims arise.
• Date, signature of the affiant, and notarization (or other permitted authentication).

Documents to attach

• Certified or uncertified copy of the decedent’s death certificate.
• Copy of the decedent’s will if one exists (and any codicils), if that will affects who may collect property.
• Proof of the affiant’s identity (photo ID) and proof of relationship when available (birth certificate, marriage certificate, etc.).
• Account statements, vehicle title, or other documents showing the decedent owned the property listed.

Where to present or file the affidavit

Small-estate affidavits are most often presented directly to the holder of the asset (a bank, the Department of Transportation for vehicle titles, a landlord for personal effects, etc.). Some counties or creditors may require filing a copy with the Register of Wills or the Court of Common Pleas if there is any dispute or question. Check local practice with your county Register of Wills.

Typical procedural steps

1. Identify all personal property and estimate the total value.
2. Confirm that the estate qualifies as a small estate under Pennsylvania rules and county practices (call the Register of Wills for your county).
3. Draft the affidavit including the elements listed above. Many county Registers of Wills provide a local form or sample wording.
4. Collect required attachments: death certificate, will (if any), ID, and ownership documents.
5. Sign the affidavit before a notary public or other authorized official.
6. Present the affidavit and attachments to the holder of the property (bank, title office, etc.). If the holder accepts the affidavit, they will release the property or funds. If they refuse, you may need to file a petition with the Orphans’ Court / Court of Common Pleas or consult an attorney.

Common hurdles and how to avoid them

• Bank or institution refuses affidavit: Banks often have internal policies. Ask the bank what specific form or additional documentation they require.
• Disputes between heirs: If heirs disagree, do not attempt to collect contested assets. Instead, consider filing for formal administration or ask the court to resolve the dispute.
• Creditors’ claims: Collecting assets through an affidavit does not eliminate legitimate creditor claims. Be prepared to handle creditor notices and consult counsel if large claims exist.

When to consult an attorney

Consult an attorney if the estate has creditor disputes, unclear ownership of property, competing claimants, or if a bank refuses the affidavit. An attorney can advise whether to proceed with a small-estate affidavit, file a formal petition, or open a limited probate administration.

Practical sample checklist (quick reference)

• Confirm small-estate eligibility with county Register of Wills.
• Prepare affidavit: decedent facts, affiant identity, list of property and values, statement of entitlement.
• Attach death certificate, will (if any), ID, proof of ownership.
• Sign and notarize affidavit.
• Deliver affidavit to the asset holder; keep certified copies for records.
• If refused, ask for written reason and consult the Register of Wills or an attorney.

Useful Pennsylvania resources

• Pennsylvania Courts — Small estates overview: https://www.pacourts.us/legal-help/estate-probate/small-estates
• Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/cons_check.cfm?title=20
• Your county Register of Wills — contact your county Register of Wills office for local forms, fee schedules, and specific practice.