The Short Answer

Pennsylvania probate practice does not typically rely on a single “heirship affidavit” the way some other states do. In Pennsylvania, heir/next-of-kin issues are usually addressed through the Register of Wills and Orphans’ Court process (for example, when seeking letters in an intestate estate), and certain death-related affidavits may be recorded when letters are not needed.

If your goal is to establish who the heirs are for a Pennsylvania estate (or to create a record of death), it’s important to use the correct Pennsylvania filings—because using the wrong document can delay administration, create title problems, or trigger disputes.

What Pennsylvania Law Says

Under Pennsylvania law, affidavits are used in specific probate-related contexts—such as affidavits supporting petitions for the grant of letters and, in limited situations, an affidavit of death when a death certificate cannot be obtained and letters are not necessary. Which document is appropriate depends on whether there is a will, whether probate is required, what assets exist (especially real estate), and whether there is any disagreement about heirs.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 925.

This statute establishes that when it is not necessary to have letters granted but a public record of death is desired, a death certificate may be filed with the register—and if a death certificate cannot be obtained, an interested party may file an affidavit of death containing specific identifying details, which the register must index and record.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Some estate-related protections and real-estate-related filings can be time-sensitive, and delays can affect marketability of title and the estate’s ability to act.
• Burden of Proof: If heirship is disputed (or if there is no will), you may need admissible proof of family relationships, marital status, and other facts—not just a signed statement.
• Exceptions: Whether letters are required, whether an affidavit is accepted, and how real estate is handled can change based on the asset type, whether there is a will, and whether there are competing claims.

Trying to handle this alone can lead to rejected filings, delays in getting authority to act for the estate, or problems transferring property. A Pennsylvania probate attorney can quickly determine the correct filing path and ensure the paperwork supports your end goal (estate administration, title transfer, or creating a record of death).

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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.