Free Pennsylvania Affidavit of Heirship Form

Pennsylvania Affidavit of Heirship Form – How It Works for Heirs

In the event that a loved one dies, the heirs tend to be interested in knowing a quick and cost-effective method of getting hold of the assets without necessarily having to wait long during probate. Some Pennsylvania counties recognise a statutory Affidavit of Heirship as a method of transfer of real estate, although as noted later there is no statutory Affidavit of Heirship as such in Pennsylvania. The awareness of such tools is important when getting rid of delays and guaranteeing compliance with local legislation.

What is an Affidavit of Heirship Form in Pennsylvania?

The Affidavit of Heirship is a document which is signed under oath to establish legal heirs of a deceased individual. Although this affidavit is not authorised in Pennsylvania law to convey real estate directly, it does authorise heirs to obtain certain personal property as well as settle small estates either through procedures approved by the courts or through an affidavit.

Affidavit Under 20 Pa.C.S. § 3101 – Family Payments

• Heirs are able to receive some of the non-probate assets through this affidavit, provided that the total amount does not exceed 50000 dollars. Assets of which may qualify:

  • Unpaid wages or employee benefits (up to $5,000)

  • Bank deposit accounts (up to $10,000)

  • Patient care accounts, life insurance proceeds, and similar benefits

• Requirements:

  • Provide a death certificate

  • Swear to the relationship with the deceased and confirm no personal representative has been appointed

  • Confirm the total value falls within the statutory limit

Once submitted to the appropriate institution, such as a bank in Philadelphia or Pittsburgh, the asset holder can release funds to the heir and is protected from future claims.

Petition for Settlement of a Small Estate – § 3102

If the personal estate is valued at $50,000 or less (excluding real property), heirs can file a Small Estate Petition in the Court.

• Process Includes:

  1. Appraising the assets

  2. Notifying heirs and creditors

  3. Filing an inventory of property

  4. Receiving a court-issued Decree of Distribution

This process works for estates with personal property like vehicles, savings, and household goods in cities such as Harrisburg, Allentown, and Erie. However, it does not transfer real estate; that still requires probate.

No Statutory Affidavit of Heirship for Real Estate

Unlike some states, Pennsylvania does not have a statutory process allowing heirs to use an affidavit to transfer real estate. While an affidavit of legal heirs may be informally prepared and recorded with a county recorder, it has no statutory authority and title companies may reject it. For example, property transfers in Scranton or Lancaster still require probate if the decedent owned real estate.

Common Uses of Affidavit Procedures in Pennsylvania

• • Bank Account Access: Heirs can use the § 3101 affidavit to collect funds from accounts without probate.

  • Insurance Proceeds: Life insurance benefits can be claimed without full estate administration if within the limit.

  • Vehicle Transfers: The affidavit can help with title changes for vehicles when values are within limits.

  • Employer Benefits: Unpaid wages or retirement plan payouts may be claimed directly with this affidavit.

Steps to Complete the Pennsylvania Affidavit of Heirship Form

• 1. Identify Eligible Assets: Make sure that they are non-probate and within the statutory limitations.

  2. Gather Required Documents: Get the heirship declaration and the death certificate.

  3. Prepare the Affidavit: Write the relations, property value, and the statutory statements as per the law.

  4. Submit to the Institution or Court: For § 3101 claims, present to the asset holder. For § 3102 petitions, file in Orphans’ Court.

  5. Complete Transfers: Receive the assets or court order for distribution.

Why This Matters for Heirs

• • Faster Access: Reduces waiting times compared to full probate.

  • Lower Costs: Filing fees are much less than probate costs.

  • Simplified Process: Avoids lengthy court oversight in eligible cases.

Where to Get the Pennsylvania Affidavit of Heirship Form

You can download the Pennsylvania Affidavit of Heirship Form sample directly from https://forms.legal/. This ensures the form meets state requirements and is formatted correctly for your use, whether you are dealing with bank accounts, vehicles, or small estate settlements.