Pennsylvania Small Estate Affidavit Checker

Two provisions, often confused

Worth keeping straight: under 20 Pa.C.S. §3101, banks can release limited deposit accounts directly to family, no estate opened at all. Under 20 Pa.C.S. §3102, the Orphans' Court can direct distribution of personal property up to $50,000 through a formal small-estate petition. Both exclude real estate entirely.

$20,000 per bank, not per estate

As of January 23, 2026, financial institutions can release deposit accounts directly — up to $20,000 per institution, raised from the prior $10,000. Because the cap applies per institution, a decedent with $18,000 at one bank and $18,000 at another may qualify for the simplified release at each bank separately.

$50,000 for everything else, via a court petition

When personal property doesn't fit the bank-by-bank shortcut — investment accounts, vehicles, mixed assets — the §3102 petition covers up to $50,000 total, filed with the Orphans' Court through the Register of Wills.

Real estate is never part of either shortcut

Any Pennsylvania home titled solely in the decedent's name requires formal estate administration regardless of its value — neither the bank-release provision nor the small-estate petition can transfer it.

Inheritance tax still applies either way

Even a small estate that qualifies for one of these simplified procedures is still subject to Pennsylvania's inheritance tax, based on the recipient's relationship to the decedent — the simplified process affects probate, not the tax bill.

Same statute, different Registers of Wills

Philadelphia, Allegheny, and Montgomery County each run their own Register of Wills office and filing fee (typically $150-$500), but the $20,000 and $50,000 thresholds apply identically statewide.

Pennsylvania small estate — frequently asked questions

What is Pennsylvania's small estate petition limit?

$50,000 or less in personal property, under 20 Pa.C.S. §3102, decided through an Orphans' Court petition. This threshold excludes real estate and certain exempt property entirely — it applies only to qualifying personal property.

Is there an even simpler option that doesn't need any court petition?

Yes — under a separate provision, 20 Pa.C.S. §3101, financial institutions can release deposit accounts directly to eligible family members, with no formal estate opened at all, as long as the balance at that one institution doesn't exceed $20,000.

Does the $20,000 bank-release limit apply to the whole estate or each bank separately?

Each financial institution separately — a decedent with $18,000 at one bank and $18,000 at another could potentially use the simplified release at each institution, since the cap applies per institution, not to the total estate.

Can a small estate skip Pennsylvania inheritance tax?

No — even estates that qualify for the simplified small estate procedure are still subject to Pennsylvania inheritance tax, which is based on the recipient's relationship to the decedent, not on whether formal probate was used.

Does owning real estate block Pennsylvania's small estate procedures?

For the real estate itself, yes — any Pennsylvania home titled solely in the decedent's name requires formal estate administration regardless of value. It doesn't block using the small estate petition for the estate's other personal property, though.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on 20 Pa.C.S. §3101, 3102. Actual eligibility depends on the estate's full facts. Confirm with the county Register of Wills or a licensed Pennsylvania attorney before acting.