Pennsylvania Small Estate Affidavit Form

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Pennsylvania Small Estate Affidavit Form

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Last updated April 11th, 2026

A Pennsylvania small estate affidavit allows a decedent’s estate to be settled with less involvement from the court than a standard probate process. Estates valued under $50,000 are eligible to be settled through this document, referred to in Pennsylvania as the “Petition of Settlement of a Small Estate.

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A Pennsylvania small estate affidavit allows a decedent’s estate to be settled with less involvement from the court than a standard probate process. Estates valued under $50,000 are eligible to be settled through this document, referred to in Pennsylvania as the “Petition of Settlement of a Small Estate.

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Laws

  • Maximum Estate Value: $50,000 (not including real property and other exclusions)[1]
  • Mandatory Waiting Period: Not mentioned in state statutes.
  • Where to File: Orphans’ Court

How to File (3 Steps)

Step 1 – Estate Requirements

A Petition for Settlement of a Small Estate can only be used if an estate has a total value of $50,000 or less.[2] The following assets are not included in the estate value[3]:
  • Real property
  • Joint or trust accounts with survivorship
  • Insurance policies or certain employee benefits with a designated beneficiary
  • Wages or funds owed to the decedent that are eligible by law to be paid to family

Step 2 – File Petition

The Petition must be completed, notarized, and filed with the Orphans’ Court in the county where the decedent resided.[4] The court will then issue a Decree of Distribution, authorizing the petitioner to receive the decedent’s assets.[5]

Step 3 – Settle Estate

The petitioner must settle the decedent’s debts before distributing the estate.[6] Once outstanding debts are paid, the estate may be distributed to its beneficiaries.[7]

Sources

  1. 20 Pa.C.S. §§ 3102, 3101
  2. 20 Pa.C.S. §3102
  3. 20 Pa.C.S. §§3102, 6304(a), 6108(a), 3101
  4. 20 Pa.C.S. §711(1)
  5. 20 Pa.C.S. §3102
  6. 20 Pa.C.S. §3392
  7. 20 Pa.C.S. §3532(a)