Short answer: Pennsylvania does not use a simple “small estate affidavit” the way many states do. Instead, there are two shortcuts. A bank can release up to $20,000 from a deceased person’s accounts to close family members with a funeral bill or affidavit. And when the personal property in an estate is worth $50,000 or less, the family can ask the Orphans’ Court to distribute it through a small estate petition, without opening a full estate.
Both shortcuts can save time and money for families settling a modest estate in Washington County, Allegheny County or anywhere else in Pennsylvania. Here is how each one works, and when you still need full probate.
Shortcut 1: Payments of up to $20,000 from bank accounts
Pennsylvania law lets a bank pay the money in a deceased person’s deposit accounts directly to certain family members when the total is small enough. Act 50 of 2025 raised this limit from $10,000 to $20,000, starting January 23, 2026.
- The money goes to the surviving spouse, a child, a parent, or a brother or sister, with preference in that order.
- The bank will usually ask for a death certificate and a receipted funeral bill, or an affidavit that funeral arrangements have been made.
- No court filing is needed.
Similar rules let an employer pay final wages to family members, up to set limits. The person who receives the money is expected to use it properly, which often includes paying the funeral bill.
Shortcut 2: The small estate petition (up to $50,000)
When someone dies living in Pennsylvania and their personal property is worth $50,000 or less, the family can file a petition with the Orphans’ Court in the county where they lived. The court can then order the property distributed without appointing an executor or administrator.
What counts toward the $50,000
- Bank and investment accounts in the person’s name alone
- Vehicles and personal belongings
- Other personal property that does not pass automatically to someone
What does not count
- Real estate. A house or land cannot be transferred through a small estate petition.
- Money already paid out under the bank and wage rules above
- Assets that pass outside the estate, such as jointly owned accounts, life insurance and accounts with a named beneficiary
How the petition works
- Gather the death certificate, the will if there is one, and a list of assets and values.
- Prepare the petition and the required notices to heirs and creditors under local court rules.
- File it with the Orphans’ Court of the county where the person lived. Filing requirements and fees vary by county.
- If the court approves, it issues a decree directing who receives each asset.
Inheritance tax still applies
Using a shortcut does not avoid Pennsylvania inheritance tax. Transfers to children are generally taxed at 4.5%, and transfers to siblings at 12%. Transfers to a surviving spouse are taxed at 0%. An inheritance tax return may still be required, and the tax is due nine months after the date of death.
When you still need full probate
- The person owned real estate in their name alone, including land with oil and gas rights
- Personal property is worth more than $50,000
- There are significant debts or disputes among family members
- Someone needs legal authority to sell property, sign a lease or deal with a royalty payer
In those cases, the estate is opened with the Register of Wills. Our executor checklist and deadline calculator shows the steps, and our guide to how long probate takes in Pennsylvania explains the timeline.
Frequently asked questions
Does Pennsylvania have a small estate affidavit?
Not in the usual sense. Pennsylvania relies on the bank payment rule for accounts up to $20,000 and the small estate petition for personal property up to $50,000.
What is the small estate limit in Pennsylvania?
The small estate petition is available when personal property, not counting real estate, is worth $50,000 or less.
Can I transfer a house with a small estate petition?
No. Real estate is excluded. A house in the deceased person’s name alone usually requires opening an estate.
Do I need a lawyer for a small estate in Pennsylvania?
Not always. Many families handle the bank payment rule on their own. A small estate petition involves a court filing and notices, so many people get help. See our probate and estate administration services.
Not sure which option fits your family? Call our Cecil Township office at (304) 982-1586.