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PA · Orphans' Court Division of the Court of Common Pleas

Pennsylvania

Small-estate-affidavit threshold and procedure under § 20 Pa.C.S. § 3102.

Verified 2026-05-04
Personal property
$50,000
statutory cap
No mandatory wait

Gross value not exceeding $50,000, exclusive of real estate and § 3101 family-exemption property.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Pennsylvania's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Gross value not exceeding $50,000, exclusive of real estate and § 3101 family-exemption property.

Real property
Excluded — personal property only

PA's small-estate procedure is by court petition (judicial discretion), NOT a self-executing affidavit.

03

Where to file

File with the Orphans' Court Division of the Court of Common Pleas in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Pennsylvania judicial system operates an authoritative court locator.

Find your county’s Orphans' Court Division of the Court of Common Pleas via the Pennsylvania judicial council website. Search for “Pennsylvania Orphans' Court Division of the Court of Common Pleas county locator” or visit the state government court directory.

04

Form & statute

Form
Statute