In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Pennsylvania, the law provides a simplified process for administering small estates through the use of a small estate affidavit or a petition for a grant of letters of administration. Under Pennsylvania law, if the decedent's estate is valued at $50,000 or less, excluding real estate and certain other assets, the beneficiaries may use a small estate affidavit to collect the assets without formal probate. This affidavit is presented to the entity holding the assets, such as a bank, and it must be signed by all heirs. If real estate is involved, or if the estate is slightly larger but still considered small, a petition for a grant of letters of administration may be filed with the Register of Wills in the county where the decedent resided. This process is less complex than formal probate and is designed to expedite the distribution of the estate's assets. It's important to consult with an attorney to ensure compliance with Pennsylvania's specific requirements and to determine the most appropriate process based on the estate's circumstances.