Pennsylvania Small Estate Affidavit Form

• Maximum Amount: $50,000, the gross value of the personal estate.^[1]
• Signing Requirements: The petition must be verified (sworn).^[2]
• Where to File: With the Orphans’ Court Division (Register of Wills) of the county where the decedent was domiciled.^[3]
• When to File: No waiting period for the petition (a 60-day wait applies before an insurer pays life-insurance proceeds to the family).^[4][5]
• Survivor Requirements: A rightful heir must survive the decedent by 5 days (120 hours).^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants and no parents. The spouse receives the first $30,000 plus one-half of the rest if the decedent left no descendants but a surviving parent, or if all of the decedent’s descendants are also the spouse’s. If the decedent left descendants from another relationship, the spouse receives one-half.^[7]
• No Spouse, Children: The share not passing to the spouse goes to the decedent’s descendants, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the descendants take the entire estate.^[8]

Step 1 – Confirm the Estate Qualifies

The personal estate (excluding real estate and § 3101 property, but including the family exemption) must be $50,000 or less. For only wages or small accounts, use the § 3101 direct-payment route instead.^[9]

Step 2 – Address Inheritance Tax

Determine whether a Pennsylvania inheritance-tax return and payment are required for the listed assets, and make the required filing, payment, or arrangements. The court may require tax documentation or clearance before entering the final decree.^[10]

Step 3 – Prepare the Verified Petition

Prepare the petition listing the assets and values, the beneficiaries and their addresses, distributions already made, and the proposed distribution.^[11]

Step 4 – File With the Orphans’ Court

File the verified petition in the Orphans’ Court Division of the decedent’s county, with notice as the court directs.^[12]

Step 5 – Obtain the Decree of Distribution

The court enters a decree of distribution authorizing banks, transfer agents, and others to distribute the property to those named, without administration.^[13]