Settle a small estate in Pennsylvania without probate
In Pennsylvania this is called: Payments to family; settlement of small estates on petition. Pennsylvania has no general small estate affidavit. Instead, the law lets banks, employers, insurers and the State Treasurer pay set amounts directly to close family members, and the Orphans' Court can order a small estate (up to $50,000 of personal property) distributed on a petition without full administration.
Up to $20,000, no waiting period, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Pennsylvania limit for the date of death.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Pennsylvania, by procedure.
Car, bank, house in Pennsylvania
Car or other vehicle
When no executor or administrator has been appointed, the title is transferred with form MV-39 (Notification of Assignment/Correction of Vehicle Title upon Death of Owner) and the title.
Bank accounts
A bank or credit union must pay up to $20,000 (the total in that institution) to the spouse, a child, a parent or a sibling, in that order of preference, when shown a paid funeral bill or a funeral director's affidavit (for payments on or after January 23, 2026; $10,000 before).
Related pages
Payment of a deposit account to family (20 Pa.C.S. 3101(b))
A bank, credit union or savings association pays the person's account to a close family member, without a court case, if the total in that institution is not more than the limit and a paid funeral bill or a funeral director's affidavit is shown.
- Limit
Up to $20,000 Counted at full value, without subtracting debts.
The total in that one institution cannot be more than $20,000 for payments made on or after January 23, 2026 (it was $10,000 before). The limit applies to each institution separately.
- What counts
The total standing to the person's credit in that one institution.
- Waiting period
The bank may pay at any time after the death.
- Who can use it
The spouse, then any child, then the father or mother, then any sister or brother (preference in that order).
- Court or where to file
Given to the bank or credit union.
- Papers to attach
- A receipted (paid) funeral bill, or an affidavit from a licensed funeral director that satisfactory arrangements for payment of the funeral have been made
- Proof of death and of your relationship, as the bank asks
- Steps
- Ask the bank for the total in the person's accounts there.
- Get a paid funeral bill or the funeral director's affidavit.
- Ask the bank to pay under 20 Pa.C.S. 3101(b).
- Fee
No court fee.
- Debts and responsibility
The person who receives the payment must answer to anyone harmed by an improper distribution.
- What the bank or holder must do
The institution 'shall pay' when the conditions are met, and is released as if it had paid a court-appointed personal representative; it does not have to see how the money is used.
Law: 20 Pa.C.S. 3101(b) (amended by Act 50 of 2025)
Source: Official page
Payment of wages, salary or employee benefits to family (20 Pa.C.S. 3101(a))
An employer may pay the person's unpaid wages, salary or employee benefits directly to a close family member, even if a personal representative has been appointed.
- Limit
Up to $10,000 Counted at full value, without subtracting debts.
Up to $10,000 from the employer.
- What counts
Wages, salary or employee benefits due from the employer.
- Waiting period
The employer may pay at any time after the death.
- Who can use it
The spouse, then any child, then the father or mother, then any sister or brother (preference in that order).
- Court or where to file
Paid by the employer.
- Steps
- Ask the employer to pay under 20 Pa.C.S. 3101(a).
- Fee
No court fee.
- Debts and responsibility
The person paid must answer to anyone harmed by an improper distribution.
- What the bank or holder must do
The employer may pay and is then released as if it had paid a personal representative.
Law: 20 Pa.C.S. 3101(a)
Source: Official page
Life insurance payable to the estate, paid to family (20 Pa.C.S. 3101(d))
An insurance company that owes the person's estate a small amount may pay it to a close family member after 60 days, if no personal representative has claimed it.
- Limit
Up to $11,000 Counted at full value, without subtracting debts.
$11,000 or less owed by that company to the estate.
- What counts
The total the company owes the estate under life, endowment, accident or health insurance, annuity or pure endowment contracts.
- Waiting period
The company may pay any time after 60 days following the death.
- Who can use it
The spouse, any child, the father or mother, or any sister or brother (preference in that order).
- Court or where to file
Paid by the insurance company.
- Notary
The company may rely on an affidavit from the family member about the family members and relationships.
- Papers to attach
- Affidavit about the surviving family members, if the company asks
- Steps
- Wait 60 days after the death.
- Ask the company to pay under 20 Pa.C.S. 3101(d).
- Fee
No court fee.
- Debts and responsibility
The person paid must answer to anyone harmed by an improper distribution.
- What the bank or holder must do
The company may pay if it has no written claim from a personal representative, and is then released as if it had paid a personal representative.
Law: 20 Pa.C.S. 3101(d)
Source: Official page
Settlement of small estates on petition (20 Pa.C.S. 3102)
A petition to the Orphans' Court asking the judge to order the person's personal property distributed to the people entitled to it, without a full estate administration.
- Limit
Up to $50,000 (deaths on or after August 31, 2013) Counted at full value, without subtracting debts.
Date of death Limit On or after August 31, 2013$50,000On or before August 30, 2013$25,000For a death on or after August 31, 2013, the person's property, not counting real estate and amounts paid directly to family under section 3101, cannot have a gross value of more than $50,000 (it was $25,000 for earlier deaths). Owning real estate of any value does not stop the court from distributing the personal property this way.
- What counts
The gross value of the person's property, not counting real estate and property paid under 20 Pa.C.S. 3101, but including personal property claimed as the family exemption.
- Waiting period
The law sets no waiting period. The court decides what notice must be given.
- Who can use it
Any party in interest may file the petition (for example an heir, a will beneficiary, or a creditor such as the funeral director). The person must have been domiciled in Pennsylvania.
- Court or where to file
Orphans' Court Division of the Court of Common Pleas in the county where the person was domiciled at death.
- Papers to attach
- Petition listing the property and its value
- Notice to interested parties as the court directs
- Appraisal only if the court requires it
- Steps
- Check local Orphans' Court rules and forms for a small estate petition in the county where the person lived.
- File the petition with the Clerk of the Orphans' Court.
- Give the notice the court directs.
- If the court grants it, the decree of distribution lets banks, transfer agents and others transfer the property to the people named.
- Fee
Filing fees are set by each county; ask the Clerk of the Orphans' Court or Register of Wills.
- Debts and responsibility
Within one year after the decree, any party in interest may ask the court to revoke it because of an improper distribution, and the court can order the property returned.
- What the bank or holder must do
The decree of distribution is sufficient authority for transfer agents, registrars and others to recognize the people named as entitled to the property, with the same effect as a decree after a full accounting.
Law: 20 Pa.C.S. 3102 (amended by Act 35 of 2013, for deaths on or after its effective date)
Source: Official page
Unclaimed property held by the State Treasurer, paid to family (20 Pa.C.S. 3101(e))
The State Treasurer may pay a small amount of the person's unclaimed property directly to the surviving spouse or a close relative.
- Limit
Up to $20,000 Counted at full value, without subtracting debts.
Since May 23, 2026, $20,000 or less (it was $11,000 before).
- What counts
The amount of funds or value of property the Treasurer holds for the person.
- Waiting period
No waiting period, but no personal representative may have been appointed, or five years must have passed since one was appointed.
- Who can use it
The surviving spouse, or a member of the closest class of relatives under the inheritance law (children and their descendants, then parents, then brothers and sisters and their descendants, then grandparents and their families).
- Court or where to file
Claim filed with the Pennsylvania Treasury.
- Notary
Sworn affidavit under the penalties of 18 Pa.C.S. 4904 (unsworn falsification).
- Papers to attach
- Certified death certificate
- Sworn affidavit of your relationship, whether a personal representative exists, and other possible claimants
- Other information the Treasurer requires
- Steps
- Search Treasury's unclaimed property list.
- File the claim with the death certificate and affidavit.
- Fee
No court fee.
- Debts and responsibility
The claimant must answer to anyone harmed by an improper payment.
- What the bank or holder must do
When the claimant qualifies, the Treasurer pays and is released as if it had paid a personal representative.
Law: 20 Pa.C.S. 3101(e) (amended by Act 65 of 2024 and Act 50 of 2025)
Source: Official page
What counts toward the limit in Pennsylvania
For the small estate petition: add up the gross value of the person's property. Leave out real estate and anything paid directly to family under section 3101 (bank accounts up to $20,000 per bank, wages up to $10,000, insurance owed to the estate up to $11,000). Include personal property claimed as the $3,500 family exemption.
Law: 20 Pa.C.S. 3101, 3102
In this state the total is counted at full value, without subtracting debts.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Left out up to $20,000 | A bank account in the person's name alone is left out if it is paid to family under section 3101(b) (up to $20,000 in each bank). Amounts not paid that way count. Law: 20 Pa.C.S. 3101(b), 3102 |
Joint or payable-on-death (POD) bank accounts | Left out | Money left in a joint account belongs to the surviving owner, and money in a trust (payable-on-death) account belongs to the named beneficiary, not to the estate, so it is not counted. Law: 20 Pa.C.S. 6304(a), (b) |
Cars and other vehicles | Counts | Vehicles are personal property and count; family can also retitle a vehicle with PennDOT form MV-39. Law: 20 Pa.C.S. 3102; PennDOT MV-39 |
Boats and mobile or manufactured homes | Counts | Boats and other personal property count. Law: 20 Pa.C.S. 3102 |
Real estate in Pennsylvania | Left out | Real estate is not counted and is not distributed by this petition. Law: 20 Pa.C.S. 3102 |
Main home (primary residence) | Left out | The home is real estate and is not counted. Law: 20 Pa.C.S. 3102 |
Real estate in another state | Left out | Real estate is not counted. Law: 20 Pa.C.S. 3102 |
Unpaid wages owed to the person | Left out up to $10,000 | Unpaid wages, salary or employee benefits are left out if the employer pays them to family under section 3101(a) (up to $10,000). Law: 20 Pa.C.S. 3101(a), 3102 |
Military pay owed to the person | Not clear | The law does not address military pay separately; ask the court. Law: 20 Pa.C.S. 3102 |
Life insurance or retirement money paid to a named person | Not clear | The small estate law does not address benefits paid to a named beneficiary; ask the court. Law: 20 Pa.C.S. 3102 |
Life insurance or retirement money paid to the estate | Left out up to $11,000 | Insurance owed to the estate is left out if the company pays it to family under section 3101(d) (up to $11,000 per company). Other amounts count. Law: 20 Pa.C.S. 3101(d), 3102 |
Property in a living trust | Not clear | The law does not address trust property; ask the court. Law: 20 Pa.C.S. 3102 |
Property owned jointly with right of survivorship | Not clear | The law does not address property held jointly with survivorship; ask the court. Law: 20 Pa.C.S. 3102 |
Property going to a surviving spouse | Counts | Personal property going to the spouse counts, including property claimed as the family exemption. Law: 20 Pa.C.S. 3102, 3121 |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name count. Law: 20 Pa.C.S. 3102 |
Furniture, jewelry and other belongings | Counts | Belongings count, including items claimed as the family exemption. Law: 20 Pa.C.S. 3102 |
Source: Official page
Car or vehicle title after a death in Pennsylvania
When no executor or administrator has been appointed, the title is transferred with form MV-39 (Notification of Assignment/Correction of Vehicle Title upon Death of Owner) and the title. The informant is a joint owner with right of survivorship, the surviving spouse, or if none an adult child, or if none a parent. If there is no will and the spouse is not a co-owner, the spouse and all adult children assign the title, all heirs are listed, signatures are notarized, and the spouse or adult heir swears that all the person's debts have been paid. A death certificate is attached. If a court order under the family exemption or small estate procedure exists, MV-39 is not needed.
Law: PennDOT form MV-39 (1-25)
- Agency
- Pennsylvania Department of Transportation (PennDOT), Bureau of Motor Vehicles
- Fee
A title fee is required except when the transfer is to a surviving spouse; MV-4ST is needed when the title is assigned.
Source: Official page
Bank accounts after a death in Pennsylvania
A bank or credit union must pay up to $20,000 (the total in that institution) to the spouse, a child, a parent or a sibling, in that order of preference, when shown a paid funeral bill or a funeral director's affidavit (for payments on or after January 23, 2026; $10,000 before). Money left in a joint account belongs to the surviving owner, and money in a trust or payable-on-death account belongs to the named beneficiary (20 Pa.C.S. 6304).
Law: 20 Pa.C.S. 3101(b); 20 Pa.C.S. 6304
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Pennsylvania
- Real estate (TOD deed)
No
Pennsylvania's Decedents, Estates and Fiduciaries Code has no transfer-on-death deed for real estate.
Law: 20 Pa.C.S. (table of chapters)
- Bank account (POD)
Yes
Law: 20 Pa.C.S. Ch. 63 (Multiple-Party Accounts)
- Securities (TOD)
Yes
Law: 20 Pa.C.S. Ch. 64 (Transfer on Death Security Registration)
Source: Official page
Surviving spouse in Pennsylvania
The spouse (or, if none, children in the same household, or if none, parents in the same household) may claim a family exemption of $3,500 in real or personal property. The spouse has first preference for the direct payments of wages (up to $10,000), bank deposits (up to $20,000 per institution) and estate life insurance (up to $11,000). A spouse can transfer the person's vehicle with PennDOT form MV-39, with no title fee for a transfer to the spouse.
Debts of the person in Pennsylvania
Family members who receive direct payments under section 3101 must answer to anyone harmed by an improper distribution. A small estate decree can be revoked within one year if the distribution was improper, and the court can order restitution. The order of payment of estate claims is set by 20 Pa.C.S. 3392.
Medicaid estate recovery in Pennsylvania
The Commonwealth recovers Medical Assistance paid for long-term care (nursing facility, home and community based services and related hospital and prescription drug services) received from age 55 until death, for services on or after August 15, 1994. DHS recovers only from the estate, meaning property distributed by will or state law. The personal representative must notify DHS by certified mail or fax to ask for a statement of claim, and DHS answers within 45 days. There is no recovery when property passes to a surviving spouse outside the estate (for example a home held by the entireties or in joint tenancy with right of survivorship). Recovery is postponed while there is a child under 21, or an adult child who is blind or totally and permanently disabled. DHS permanently waives its claim when the gross estate is $2,400 or less, the estate is administered and there is an heir, and offers undue hardship waivers, including for a relative who lived in and cared for the person in the home. Contact: Estate Recovery Program, P.O. Box 8486, Harrisburg, PA 17105-8486; fax (717) 772-6553.
Law: 62 P.S. 1412; 55 Pa. Code Ch. 258
- Agency
- Pennsylvania Department of Human Services (DHS), Estate Recovery Program
- Phone
- 800-528-3708
- Official page
- Official page
Who inherits with no will in Pennsylvania
If there is no will: the spouse gets everything if there are no children (or other descendants) and no parents. If there are children who are all also the spouse's, or no children but a parent, the spouse gets the first $30,000 plus half of the rest. If any child is not the spouse's, the spouse gets half. The rest goes to the descendants, then parents, then brothers and sisters and their descendants, then grandparents and their families, then aunts, uncles and their children and grandchildren. For deaths since January 23, 2026, if there are no such relatives the estate goes to an endowed community fund where the person lived, and only then to the Commonwealth.
Law: 20 Pa.C.S. 2102, 2103 (2103 amended by Act 50 of 2025)
Source: Official page
Death certificates in Pennsylvania
Requests need an application form signed by the requester and a copy of a valid government photo ID. A certified copy costs $20. Forms and eligibility rules are on the Department of Health Vital Records website; phone (724) 656-3100.
- Where to get it
- Pennsylvania Department of Health, Division of Vital Records
- Official page
- Official page
Where to file in Pennsylvania
Direct payments from banks, employers, insurers and Treasury are asked for directly, with no court filing. A small estate petition is filed with the Orphans' Court Division (Clerk of the Orphans' Court) of the Court of Common Pleas in the county where the person was domiciled; each county has its own local rules, forms and fees, often handled through the Register of Wills office. Vehicle papers go to PennDOT.
Good to know in Pennsylvania
- Since January 23, 2026, a bank must pay up to $20,000 per institution directly to the spouse or nearest relative when shown a paid funeral bill or funeral director's affidavit; the limit was $10,000.
- The Orphans' Court can distribute up to $50,000 of personal property on a small estate petition, even if the person also owned real estate of any value (20 Pa.C.S. 3102).
- Pennsylvania has no transfer-on-death deed for real estate in Title 20; real estate passes by deed, joint ownership, trust, or probate.
Changes in 2024–2026
Act 65 of 2024 (July 17, 2024) rewrote 3101(e) (unclaimed property paid to family). Act 50 of 2025: 3101(b) bank deposit limit raised from $10,000 to $20,000, effective in 60 days (January 23, 2026); 3101(e)(1)(i) unclaimed property limit raised from $11,000 to $20,000, effective in 180 days (May 23, 2026); 2103 escheat changed so an endowed community fund takes before the Commonwealth, effective in 60 days.
Law: HB 1176, approved Nov. 24, 2025
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Pennsylvania
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
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Questions about small estates in Pennsylvania
What is a small estate affidavit called in Pennsylvania?
In Pennsylvania this is called: Payments to family; settlement of small estates on petition. Pennsylvania has no general small estate affidavit. Instead, the law lets banks, employers, insurers and the State Treasurer pay set amounts directly to close family members, and the Orphans' Court can order a small estate (up to $50,000 of personal property) distributed on a petition without full administration.
What is the small estate limit in Pennsylvania?
Up to $20,000, no waiting period, no court filing.
How long do I wait in Pennsylvania?
The bank may pay at any time after the death.
Do I have to go to court in Pennsylvania?
Given to the bank or credit union.
How do I transfer a car after a death in Pennsylvania?
When no executor or administrator has been appointed, the title is transferred with form MV-39 (Notification of Assignment/Correction of Vehicle Title upon Death of Owner) and the title.
What happens to a bank account after a death in Pennsylvania?
A bank or credit union must pay up to $20,000 (the total in that institution) to the spouse, a child, a parent or a sibling, in that order of preference, when shown a paid funeral bill or a funeral director's affidavit (for payments on or after January 23, 2026; $10,000 before).
Who inherits in Pennsylvania if there is no will?
If there is no will: the spouse gets everything if there are no children (or other descendants) and no parents. If there are children who are all also the spouse's, or no children but a parent, the spouse gets the first $30,000 plus half of the rest.
Do I owe the person's debts in Pennsylvania?
Family members who receive direct payments under section 3101 must answer to anyone harmed by an improper distribution. A small estate decree can be revoked within one year if the distribution was improper, and the court can order restitution.
- 20 Pa.C.S. 3101 (Pennsylvania General Assembly)
- 20 Pa.C.S. 3102
- 20 Pa.C.S. 3121 family exemption
- 2025 Act 50 (HB 1176)
- PennDOT MV-39 (Rev. 1-25)
- Pennsylvania DHS: Estate Recovery
- UJS Orphans' Court forms
- CDC NCHS Where to Write: Pennsylvania
- DHS Estate Recovery Program brochure (English)
- 20 Pa.C.S. 6304 (right of survivorship, multiple-party accounts)