How to Validate and Certify an Affidavit of Collection to Collect Personal Property in PA

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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).

  1. 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.
  2. 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.
  3. Swear and notarize: Sign the affidavit before a notary public. The notary must certify the affiant’s identity and acknowledgment.
  4. Attach supporting documents: Attach a certified copy of the death certificate and any required identification of the affiant.
  5. 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.
  6. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.