What steps are needed to use a small estate affidavit to collect my mom’s bank account and pension check? - Pennsylvania
The Short Answer
In Pennsylvania, there isn’t one universal “small estate affidavit” that automatically forces a bank or pension payer to release funds. Instead, small estates are commonly handled either (1) through limited payments a bank/employer may make without probate for smaller amounts, or (2) by filing a small-estate petition in Orphans’ Court to obtain a court decree directing distribution.
What Pennsylvania Law Says
Pennsylvania provides two main pathways that often come up when a family is trying to collect modest assets like a bank account balance or a final check without opening a full estate. One is a statute that allows certain institutions to pay limited amounts to close family members after death. The other is a small-estate court petition where the Orphans’ Court can enter a decree that functions like authority to transfer the property to the proper heirs/beneficiaries.
The Statute
The primary law governing small-estate distribution without full administration is 20 Pa.C.S. § 3102.
This statute allows the Orphans’ Court (in the county of the decedent’s domicile) to direct distribution of qualifying personal property (generally up to $50,000, with certain exclusions) to the people entitled to it, and the resulting decree is authority for banks and other holders of property to release the assets without a full estate administration.
Separately, Pennsylvania also permits certain limited payments without a personal representative in specific situations, including a bank deposit account not exceeding a statutory cap when required documentation is presented. See 20 Pa.C.S. § 3101.
Why You Should Speak with an Attorney
Even when an estate seems “small,” banks and pension administrators often refuse to pay without the right legal authority, and the wrong approach can create delays or personal liability. Legal outcomes often depend on:
- Strict thresholds and exclusions: The $50,000 small-estate limit in 20 Pa.C.S. § 3102 excludes real estate and excludes certain property that may be payable under 20 Pa.C.S. § 3101, so the “small estate” math is not always intuitive.
- Burden of proof: You typically must show who is entitled to receive the funds (will vs. intestacy), what assets exist, and their values—especially where there are multiple children/heirs and no prior court appointment.
- Exceptions and competing rights: Payors may treat a “pension check” differently depending on whether it is wages/benefits, a retirement plan with a named beneficiary, or a check payable to the estate. Also, anyone who receives funds through these shortcuts can be “answerable” if the distribution is improper. See, e.g., the accountability language in 20 Pa.C.S. § 3101.
Because you and a sibling are involved and there’s no existing court authority, it’s important to have a probate attorney evaluate which assets can be collected under the limited-payment statute versus which require a court decree under the small-estate petition process—and to ensure creditors/taxes and family rights are handled correctly.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.