Detailed Answer
In Pennsylvania, individuals can use a small estate affidavit to collect certain estate assets without formal probate if the decedent’s personal property does not exceed $50,000 and no personal representative is required. This streamlined process relies on two key statutory schemes:
- Non-probate distribution of personal property (20 Pa.C.S. § 3101–§ 3102): Allows heirs to collect tangible personal property (for example, bank accounts, vehicles, household goods) when the gross value does not exceed $50,000. See 20 Pa.C.S. § 3101 and § 3102.
- Summary administration for small estates (20 Pa.C.S. § 3171–§ 3172): Covers estates (including real and personal property) valued at $50,000 or less. Requires filing a petition with the Register of Wills. See 20 Pa.C.S. § 3171 and § 3172.
Commonly Required Documents
- Certified death certificate: Obtain an official copy from the Pennsylvania Department of Health or local registrar.
- Affidavit of heirship or small estate affidavit form: Typed or printed on county letterhead or a standard form if available.
- Proof of decedent’s domicile: Recent Pennsylvania driver’s license, voter registration card, or utility bill in the decedent’s name.
- Affiant’s photo identification: Government-issued ID (driver’s license, state ID, or passport).
- List of estate assets and values: Recent bank statements, vehicle titles, brokerage statements, and appraisals to confirm total value does not exceed $50,000.
- Proof of relationship or entitlement: Copy of will (if any), heirship affidavit, marriage certificate, birth certificate, or court-issued letters of administration.
- Proposed order or certification: For summary administration, file a petition and proposed order with the Register of Wills; personal appearance or counsel may be required.
Once signed and notarized, present the affidavit and supporting documents to the institution holding the assets. Institutions may have their own affidavit format; always confirm with the bank, title company, or agency.
Note: If the estate includes real estate or exceeds $50,000 in total value, you must pursue summary administration under 20 Pa.C.S. § 3171 and § 3172 or full probate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Contact the Register of Wills in the county where the decedent lived for local forms and fees.
- Gather multiple copies of each document; institutions often require originals plus photocopies.
- Verify account balances on the date of death to ensure you meet the $50,000 threshold.
- Include as many details as possible in your affidavit to reduce follow-up requests.
- Keep a process timeline and note any deadlines for filing or serving notices.