How can I obtain an heir affidavit or successor interest document to satisfy my mortgage lender? - Pennsylvania
The Short Answer
In Pennsylvania, there is not one universal, lender-proof “heir affidavit” that automatically transfers a deceased owner’s mortgaged home to an heir. In most cases, the document a mortgage lender will rely on is either (1) Letters of Administration from the Register of Wills (showing who has legal authority to act for the estate) or (2) an Orphans’ Court decree that confirms who is entitled to estate property under Pennsylvania law.
What Pennsylvania Law Says
When someone dies without a will, Pennsylvania’s intestate succession laws control who inherits. That means the lender (and the county land records office) typically wants documentation that clearly identifies the lawful heir(s) and/or the person with authority to deal with the estate and its property.
The Statute
The primary law governing who inherits when there is no will is 20 Pa.C.S. § 2101.
This statute establishes that any part of a decedent’s estate not disposed of by will passes to the decedent’s heirs under Pennsylvania’s intestate succession rules.
Separately, Pennsylvania provides a court process for distributing certain small estates by petition. 20 Pa.C.S. § 3102 allows the Orphans’ Court to order distribution of qualifying property by decree, and that decree can serve as authority for third parties to recognize the recipient(s). (Important limitation: § 3102 is primarily aimed at personal property, and it excludes real estate from the value calculation.)
If your lender is asking for a “successor interest” document, they are usually asking for proof that you are the person entitled to step into the borrower’s position after death—something that often requires aligning the lender’s internal requirements with Pennsylvania probate and title rules.
Related reading: Do I Need an Heirship Affidavit for an Estate in Pennsylvania? and How Pennsylvania’s Small Estate Procedure Works.
Why You Should Speak with an Attorney
Even when you are the only heir and there is “nothing but the house,” getting a lender to accept heirship documentation can be surprisingly technical. Applying the law to your facts often turns on details that affect title, the mortgage, and who has authority to sign.
- Strict Deadlines: If a court decree is used (for example, a small-estate distribution decree under 20 Pa.C.S. § 3102), Pennsylvania law allows a petition to revoke an improper distribution within one year after the decree—timing issues like this can matter to lenders and title insurers.
- Burden of Proof: A lender may require reliable proof of heirship (family relationships, marital status, and whether any other heirs exist). If the death occurred years ago or records were lost (for example, after a fire), proving the chain of facts can be difficult without court-backed documentation.
- Exceptions and Title Risks: Real estate does not always transfer cleanly with an “affidavit.” Issues like liens, unpaid taxes, prior transfers, or missing heirs can derail a refinance, assumption, or modification—and mistakes can create a cloud on title that is expensive to fix later.
Because your goal is not just “paperwork,” but a result (lender approval and marketable title), it is usually worth having a Pennsylvania probate attorney evaluate the best path and prepare the documentation in the format your lender will actually accept.
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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.