A Pennsylvania small estate affidavit is a written statement about a person who has died, used when the estate falls under the state's small estate procedure. That procedure is subject to a limit of $50,000 in gross value of the decedent's personal property.[1.1] In Pennsylvania that procedure is a petition to the Orphans' Court, and the PDF below is York County's Petition for Settlement of Small Estate. You can also start a Pennsylvania small estate affidavit online with FormsPal.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Pennsylvania law. If you notice an error or outdated information, please contact us.
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Pennsylvania's small estate procedure is subject to a limit of $50,000, measured on the gross value of the decedent's personal property. Property payable under 20 Pa.C.S. § 3101 is left out of that total,[1.1] and Pa. O.C. Rule 5.50 also lists what must go with the petition. Small estates are settled on petition under 20 Pa.C.S. § 3102, part of the Decedents, Estates and Fiduciaries Code, and Rule 5.50 applies to every petition filed under that section.[1.3]
Property payable under 20 Pa.C.S. § 3101 shall not be included when determining whether the decedent's personal property exceeds a gross value of $50,000.
The petition lists all assets of the estate other than real estate and property distributable under 20 Pa.C.S. § 3101, along with the value of each asset.[1.1]
Pa. O.C. Rule 5.50 sets these requirements for the petition:
An original death certificate, attached as an exhibit to the petition.[1.1]
A statement that a Pennsylvania inheritance tax return has been filed, that all taxes due on the listed assets have been paid in full, and that proof of payment is attached. If the return has not been filed or the tax has not been paid, the petition gives the reason.[1.2]
If the decedent was 55 or older at death, a statement of whether a request for a statement of claim was sent to the Department of Human Services under 62 P.S. § 1412, the date of the request, and the response received.[1.1]
Written notice to interested parties, which the petitioner serves in compliance with Pa.R.O.C.P. 3.5.[1.1]
Within one year after the orphans' court makes a decree of distribution, any party in interest may petition the court to revoke it. If the court finds that an improper distribution was ordered, it revokes the decree and directs restitution as equity and justice require.[2]
Other Pennsylvania Forms
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Filling Out the Pennsylvania Small Estate Affidavit Form
The PDF on this page is the Petition for Settlement of Small Estate of the Court of Common Pleas of York County, Pennsylvania, Orphans' Court Division, marked (Rev. 10/21). Pennsylvania settles small estates on a petition to the Orphans' Court under 20 Pa.C.S. § 3102,[1.3] and this form is that petition, not an affidavit. It runs 15 pages, and the 12 steps below follow its order and name the part and page each step covers. Most answer lines are fillable in a PDF reader, or you can print the form and write the answers by hand.
This petition is York County's Orphans' Court form. Pa. O.C. Rule 5.50 sets what every petition under section 3102 must contain but does not print a form,[1.1] and other counties' Orphans' Courts may use their own form or accept this one, so ask the Orphans' Court clerk in the county where you file which form it takes. If you use this form outside York County, adapt or replace its York-specific parts:
the caption on page 1, with the York County court heading and the "Late of" line that ends "York County, Pennsylvania, deceased", and item ii, which asks for the decedent's domicile in York County
the preliminary decree on pages 12 and 13, which prints the year 2021 and the York County Judicial Center address
the York County caption on the order on page 14
the York County Register of Wills certification on page 15
The form's edition is marked (Rev. 10/21), so compare it with Rule 5.50 as it reads when you file.
The screenshots under each step show the York County Petition for Settlement of Small Estate, the official court form, filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Caption, petitioner and decedent (page 1, part (1), items i and ii). In the caption, write the decedent's name after "Estate of", any other name the decedent used after "also known as", and the municipality where the decedent lived after "Late of". Leave "No." blank unless the court has already given the estate a number. Item i asks for the name and address of each petitioner and each petitioner's relationship to the decedent. Item ii asks for the decedent's name, date of death and domicile in York County, with the last family or principal residence. Under its title the form prints two limits: a gross estate of $50,000 or less for decedents dying on or after August 31, 2013, and $25,000 or less for decedents dying before that date. Step 1: sample entries, not a real document.
Will or no will (item iii, pages 1 and 2). Check "intestate" if there was no will or "testate" if there was one. If there was a will, check whether it and any codicils have been probated, with a copy filed with the Clerk of Orphans' Court and Letters issued to the person you name, or have not been probated, with the original attached. In that second case, name the personal representative the will appoints. If the original is not attached, the form asks you to explain why and attach a copy. Step 2: sample entries, not a real document.
Beneficiaries and heirs (item iv, page 2). List the name and address, relationship, interest and "Sui Juris" status of every beneficiary or heir. Sui juris asks whether the person is an adult who can act for themselves. Say whether the decedent left a spouse, children or stepchildren. For a minor, use the Confidential Information Form (CIF) and give the details of the minor's representative. Step 3: sample entries, not a real document.
Family exemption, elective share and the will (items v to viii, page 3). Item v asks whether the family exemption is claimed. If it is, answer its three questions: the claimant's relationship to the decedent if the claimant is not the surviving spouse, whether a surviving spouse has forfeited the right to claim it, and whether the claimant lived with the decedent at death. Item vi asks whether a spouse's elective share has been claimed. Items vii and viii apply only if there was a will. Check whether the decedent married or divorced after signing the will, and whether a child was born or adopted after it. List any such child by name and date of birth or adoption, using initials and the CIF for a minor. Step 4: sample entries, not a real document.
Assets (part (2), page 4). List every asset other than real estate with its amount, and enter the total. The printed statement says the decedent's property, leaving out real property and property payable under section 3101, has a gross value not exceeding $50,000, or $25,000 if the death was before August 31, 2013. Give only the last four digits of account and registration numbers. Step 5: sample entries, not a real document.
Creditors (part (3), item (i), page 4). List each known creditor's name and address, the amount claimed, whether the claim has been satisfied and whether anyone objects to it, then enter the total. Step 6: sample entries, not a real document.
Priority debts, DHS request and reimbursements (part (3), items (ii) to (iv), page 5). Item (ii) lists unpaid administrative expenses, taxes and debts in the priority classes of 20 Pa.C.S. § 3392 that the form prints: administrative expenses, family exemption, funeral and medical expense within 6 months, marker or headstone, rents and medical expenses more than 6 months before death, the Commonwealth and other political subdivisions, and all other claims. Enter an amount beside each class that applies and the total. Item (iii) asks, for a decedent 55 or older, when you sent the request to the Pennsylvania Department of Human Services. Item (iv) lists anyone who paid estate debts, expenses or inheritance tax with their own money and claims to be repaid, with the date, payee, nature and amount of each payment. Step 7: sample entries, not a real document.
Distribution (part (4), page 6). Item (i) lists anyone paid before you file, with a description and the amount. Item (ii) lists each proposed distributee, what they receive and the amount. Items (iii) and (iv) name each interested party, and each beneficiary or heir, who has consented to or joined in the petition. Item (v) covers holders of disputed claims, which on this form means any claim that will not be paid in full. Check whether those holders joined the petition or were mailed at least 20 days' written notice of the date, time and place of the Orphans' Court audit session. Step 8: sample entries, not a real document.
Inheritance tax and signatures (part (5), page 7). Check whether the Pennsylvania inheritance tax return has been filed and whether the tax has been paid, and give details if not. The form says that if the tax due has not been paid, you should list the Register of Wills, Agent, as a creditor. Then sign as petitioner and type your name and telephone number. If a lawyer represents you, the lawyer signs below and adds a Supreme Court number, office address and telephone number. Step 9: sample entries, not a real document.
Certificate of Compliance and exhibits (pages 8 and 9). On page 8 you certify that the filing follows the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, which requires confidential information and documents to be filed differently from the rest. Sign and print your name there. Page 9 lists the exhibits: the death certificate, or a check showing it is already filed with the Register of Wills or the Clerk of Orphans' Court, the will and any codicils, the Department of Revenue notice of appraisement and assessment of tax, the signed consents, joinders and letters of no objection, the letter from the Department of Human Services about its estate recovery claim, a copy of the notice of filing as mailed, and the Confidential Information Form and Confidential Document Form if needed. Pa. O.C. Rule 5.50 lists an original death certificate among the exhibits,[1.1] so ask the clerk before you rely on a certificate already on file. Step 10: sample entries, not a real document.
Verification, joinder and consent (pages 10 and 11). On page 10, date and sign the verification. By signing, you confirm that the facts in the petition are true, subject to the penalties of 18 Pa.C.S. § 4904 for unsworn falsification to authorities. Page 11 has a Joinder and a Consent, each with eight signature lines, for interested parties other than you, such as the surviving spouse, children or stepchildren, who join in or consent to the petition. Step 11: sample entries, not a real document.
Preliminary decree, order and Register of Wills certification (pages 12 to 15). Leave these pages for the court. The judge signs the preliminary decree, which sets the audit list date and court room and has you give notice of it to interested parties under Pa. O.C. Rule 3.5(a)(2), and the order on page 14, which lists who receives what. The Register of Wills signs the certification on page 15. These pages print the York County caption, and the preliminary decree prints the year 2021 and the York County Judicial Center address, so ask the clerk whether to file them as printed, adapt them, or use the court's own versions. Step 12: sample entries, not a real document.
Make a copy of the finished form before you hand it in, and keep it with your other papers.
Frequently Asked Questions
Most questions about the affidavit come down to one number, the $50,000 limit on the gross value of the decedent's personal property, which Pa. O.C. Rule 5.50 sets for the small estate procedure.[1.1]
What is considered a small estate in PA?
Pennsylvania's small estate procedure is subject to a limit of $50,000 in gross value of the decedent's personal property.[1.1]
What size estate requires probate in PA?
Pa. O.C. Rule 5.50 draws the small estate line at a gross value of $50,000 for the decedent's personal property.[1.1]
What is the small estate threshold in PA?
The threshold is $50,000. Property payable under 20 Pa.C.S. § 3101 does not count toward it.[1.1]
Do I need probate if the estate is small?
Start with the value. The small estate procedure is subject to a limit of $50,000 in gross value of the decedent's personal property.[1.1]
What is the limit for a small estate affidavit in PA?
The limit is $50,000, counted on the decedent's personal property and leaving out property payable under 20 Pa.C.S. § 3101.[1.1]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
