Laws
- Days After Death – There is no statute, although 60 days is recommended (and is required for insurance proceeds).
- Maximum Amount ($) – $50,000. This amount excludes real estate and property payable under section 3101 (relating to payments to family and funeral directors). 20 Pa.C.S.A. § 3102
- Signing – The affidavit must be signed by the affiant in the presence of a notary public. Their attorney must also sign (if they have one), and a deputy from the PA Register of Wills will sign when the affidavit is affirmed.
- Statutes – Title 20, Chapter 31, Subchapter A (Dispositions Independent of Letters)
- Where to File – Orphans’ Court Clerk’s Office
How to File (3 steps)
1. Complete the Paperwork
Collect and complete all of the following documents:
- Decedent’s Will (obtain a copy from the Register of Wills)
- Pennsylvania Inheritance Tax Return (REV-1500)
- Pennsylvania Small Estate Affidavit
- Petition for Adjudication/Statement of Proposed Distribution
2. File with the Court
File these documents with the Orphans’ Court local to the decedent’s final place of permanent residence.