Pennsylvania Affidavit of Heirship for Small Estates

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Multi-State
Control #:
US-OG-179-3
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Word; 
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An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. a notary public).
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FAQ

Section 3102 - Legislative findings and intent (a) Policy. --The family is the basic unit in society and the protection and preservation of the family is of paramount public concern.

Section 3392 states that all creditor claims shall be paid in the following order: (1) the costs of administering the decedent's estate, which includes any probate fees, attorneys' fees, or personal representative commissions; (2) the family exemption, which is $3,500.00 for each family member who resided with the ...

§ 3102. Settlement of small estates on petition. The authority of the court to award distribution of personal property under this section shall not be restricted because of the decedent's ownership of real estate, regardless of its value.

Here is a general overview of the rules of intestacy in Pennsylvania: If the deceased is survived by a spouse but no children, parents, or siblings, then the spouse inherits the entire estate.

Along with the petition for grant of letters, the petitioner must generally provide the following documents to open an estate in Pennsylvania: Original will or codicil. Death certificate. Estate information sheet. Bond. Renunciations. Witness affidavits.

Small estate affidavits are filed with the Register of Wills. They're used to simplify the probate process for estates valued at $50,000 or less.

Alternatives to Probate in Pennsylvania In some cases, certain assets may be transferred directly to the beneficiary without going through probate. This can include assets with designated beneficiaries, such as life insurance policies, retirement accounts, or payable-on-death (POD) accounts.

--Any employer of a person dying domiciled in this Commonwealth at any time after the death of the employee, whether or not a personal representative has been appointed, may pay wages, salary or any employee benefits due the deceased in an amount not exceeding $10,000 to the spouse, any child, the father or mother, or ...

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Pennsylvania Affidavit of Heirship for Small Estates