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20 Pa.C.S. § 3102 · checked 2026-10-20

Pennsylvania small estate affidavit limit

In Pennsylvania the settlement of small estates on petition is available when the gross value of the decedent's property, not counting real estate and payments under 20 Pa.C.S. § 3101 is $50,000 or less; the statute sets no waiting period. It works through a short court proceeding started by petition.

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  1. 1Dollar limit $50,000
  2. 2Waiting period None stated
  3. 3Filed with Court
  4. 4Statute 20 Pa.C.S. § 3102
Dollar limit
$50,000
Waiting period
None stated
Court involved
Yes
Real estate
Not allowed
New Jersey$50,000New York$50,000Pennsylvania$50,000
Small-estate dollar limits in the Mid-Atlantic states covered here. Bars to scale from zero; "base" marks a figure adjusted for inflation by statute.

What 20 Pa.C.S. § 3102 says

The operative words of the statute, as read on 2026-10-20:

“of a gross value not exceeding $50,000”

That test is applied to the gross value of the decedent's property, not counting real estate and payments under 20 Pa.C.S. § 3101.

Source: 20 Pa.C.S. § 3102 (text read from the FindLaw copy; check the legislature's own text before relying on it). Last checked 2026-10-20.

Worked examples against the $50,000 limit

Estate valueResult under 20 Pa.C.S. § 3102
$30,000Within the limit
$50,000Within the limit
$51,000Over the limit by $1,000: the small-estate route is closed

Values are the estate as the statute measures it — gross value of the decedent's property, not counting real estate and payments under 20 Pa.C.S. § 3101 — not everything the person owned. Pennsylvania's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.

When the route opens

20 Pa.C.S. § 3102 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.

If the estate goes through full probate instead, creditors have 12 months counted from the first complete advertisement of the grant of letters (20 Pa.C.S. § 3532(a)). The Pennsylvania probate timeline works those dates through.

Filing and fees

This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The court fee schedule for Pennsylvania could not be read when this page was checked, so no fee is shown.

The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the settlement of small estates on petition and what it charges. This site does not supply forms or refer anyone to a lawyer.

Nearby Mid-Atlantic jurisdictions

New Jersey: $50,000; New York: $50,000.

Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.

General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Pennsylvania probate court or its self-help center before filing.