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Small estate affidavit in Pennsylvania (2026)

In Pennsylvania, heirs can collect up to $20,000 without probate with a sworn affidavit (Payments to family and funeral directors without letters (20 Pa.C.S. § 3101)). There is no waiting period. Real estate: not covered. Last checked .

Pennsylvania at a glance

Affidavit cap
$20,000
Applies to
payments on or after 2026-01-23 (Act 50 of 2025 took effect 60 days after 2025-11-24; the act states no date-of-death rule)
Waiting period
None
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Settlement of small estates on petition (20 Pa.C.S. § 3102) (up to $50,000)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Pennsylvania cap for this date of death

    $20,000

    A worked example for Pennsylvania

    Say a parent who lived in Pennsylvania died on March 1, 2026, leaving $16,000 in a bank account in their name only and no house. $16,000 is within the $20,000 cap for that date of death, so the family can use the affidavit right away.

    The rules in Pennsylvania

    • The affidavit. Pennsylvania has no general small estate affidavit. Instead, specific holders may pay small amounts directly to close family without a court: a bank pays a deposit balance (with a receipted funeral bill or funeral director affidavit), an employer pays wages, and an insurer pays a small policy owed to the estate. Nothing is filed with a court.
    • Cap. A bank must pay up to $20,000 per institution to the closest family member once funeral costs are shown paid or arranged; other payer-specific caps apply.
    • What counts. Bank deposits: the total standing to the decedent's credit in that one institution must not exceed $20,000. Separate caps: wages/salary/employee benefits up to $10,000 (employer may pay); life insurance owed to the estate of $11,000 or less (after 60 days); nursing-facility patient care account up to $10,000; unclaimed property held by the State Treasurer up to $20,000.
    • What doesn't count. Real estate and anything not held by one of the listed payers; amounts over each cap need a court proceeding.
    • Earlier caps. $10,000: bank deposit cap before 2026-01-23
    • Waiting period. Banks and employers may pay any time after death. An insurer paying a policy owed to the estate must wait 60 days after death.
    • Conditions. Bank payment requires a receipted funeral bill or a licensed funeral director's affidavit that payment arrangements were made. Payments under (a) may be made whether or not a personal representative was appointed. The insurer may pay only if no written claim from a personal representative has been received. Recipients are answerable to anyone harmed by an improper distribution.
    • Who can sign. The spouse, any child, the father or mother, or any sister or brother, with preference in that order. For unclaimed property: the spouse or the closest class of intestate heirs.
    • Court filing. No court filing for § 3101 payments. The § 3102 small estate petition (below) is a court filing.

    Houses, land and vehicles

    • Real estate. Real estate cannot pass under § 3101 and is excluded from the § 3102 small estate petition; it needs letters (probate/administration) through the Register of Wills.
    • Vehicles. A title can be transferred to a surviving spouse (or someone the spouse names) without letters if the spouse files an affidavit that all the decedent's debts are paid.

    When the affidavit isn't enough

    If personal property (excluding real estate and § 3101 payments, but including family-exemption property) has a gross value of $50,000 or less, any interested party may petition the orphans' court division in the county of domicile to order distribution, with or without letters or probate of a will. The decree lets transfer agents and others deliver the property. It can be revoked within one year for improper distribution.

    Good to know in Pennsylvania

    • There is no statewide affidavit that collects all small-estate assets; § 3101 works holder by holder, and a bank may pay only when the balance at that institution is within the cap.
    • The State Treasurer unclaimed-property cap rose from $11,000 to $20,000 effective about 2026-05-23 (180 days after Act 50 of 2025).
    • The wage/benefit cap ($10,000) is permissive: the employer 'may' pay; the bank cap is mandatory ('shall pay').
    • The State Treasurer route also requires that no personal representative was appointed, or that 5 years have passed since one was (20 Pa.C.S. § 3101(e)(1)(iii)).
    • A § 3102 petition (Pa. O.C. Rule 5.50) is filed with the original death certificate, any will, inheritance-tax documentation (filed return with proof of payment, notice of appraisement, or a Revenue statement that no tax is due), signed consents/joinders of interested parties, and Department of Human Services correspondence if the decedent was 55 or older or received services (Cumberland County checklist).

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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