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The Probate Process in Pennsylvania Inheritance Laws Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
If a person dies in Pennsylvania owning any assets in their name, their estate will need to be probated. Whether you have a will or not, your estate must be probated.
You can use the simplified small estate process in Pennsylvania if property (not counting real estate, certain vehicles, certain payments the family is entitled to, and funeral costs) is worth $50,000 or less. The court may allow this proceeding without having to give notice to creditors.
Small estate affidavits are filed with the Register of Wills. Theyre used to simplify the probate process for estates valued at $50,000 or less. You can view other common probate forms provided by the State of Pennsylvania and the Register of Wills.
Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.
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If an heir has been omitted from the Affidavit of Heirship, their legal rights to inherit the decedents property are not affected. Instead, the forgotten heir can present evidence to establish their heirship and overrule the Affidavit of Heirship, either entirely or partially.
Essentially any estate worth more than $50,000, not including real property like land or a home and other final expenses, must go through the probate court process under Pennsylvania inheritance laws.
If a person dies in Pennsylvania owning any assets in their name, their estate will need to be probated. Whether you have a will or not, your estate must be probated.
- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then its considered a small estate, and is called a Voluntary Administration.
A Family Settlement Agreement is often the easiest way to close an estate in PA because it does not involve any judicial proceedings. If all of the heirs and administrators of the estate agree, a contract can be prepared detailing all of the distributions and payments that have been made.

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