Petition For Settlement Of Small Estate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Settlement Of Small Estate is a commonly used form within Pennsylvania. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition For Settlement Of Small Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Settlement Of Small Estate:

• This form pertains to the State of Pennsylvania

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Pennsylvania’s Form Petition For Settlement Of Small Estate up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Pennsylvania form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Pennsylvania probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Petition For Settlement Of Small Estate, take a break, and then review. Probate and estate settlement processes in PA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Petition For Settlement Of Small Estate online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Settlement Of Small Estate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

Sponsored by Atticus App

Need help with Pennsylvania Probate?

Join all the other families who have trusted Atticus through probate, and experience the peace that comes from knowing you're taking the right steps, spending the least amount of money, and not wasting a single second.

Start for free

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Pennsylvania.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Pennsylvania can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Pennsylvania. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Pennsylvania is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Pennsylvania probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Pennsylvania probate clerk or court for exact answers regarding Form Petition For Settlement Of Small Estate, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Settlement Of Small Estate is one of the many probate court forms available for download through Atticus.

It may also be available through some Pennsylvania probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Pennsylvania.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Petition For Settlement Of Small Estate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Pennsylvania probate court office.

Petition For Settlement Of Small Estate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Pennsylvania-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Pennsylvania Form Petition For Settlement Of Small Estate. You can use this to get an idea of the context of the form and what type of information is needed.

(Rev. 10/21) Es tate of In the Court of Common Pleas of _____________ County, Pennsylvania Orphans’ Court Division : al so known as : No. : : Late of ________________ _ County, Pennsylvania, d eceased : Petition for Settlement of Small Estate (Gross Estate of $25,000 or less for decedents dying before August 31, 2013) (Gross Estate of $50,000 or less for decedents dying on or after August 31, 2013) Pursuant to section 3102 of the Probate, Estates and Fiduciaries Code, the undersigned Petitioner respectfully represents: (1) Estate. i.The name and address of each petitioner and relationship of each ii. iii.The decedent died: intestate. testate. If the decedent died testate: petitioner to the decedent: The decedent’s name, date of death, and domicile in ___________ County, Pennsylvania, with a last family or principal residence: Name: Date of Death: Address: the will and any codicil(s) has / have been probated, a copy is filed with the Clerk of Orphans’ Court and Letters have been issued to: the will and any codicil(s) has/have not been probated, and the original will and any codicil(s) is/are attached. [If not attached, explain, and attach a copy of the Will.] The personal representative(s) named therein is (are): iv.The name, address, relationship, and interest of all beneficiaries or heirs are: [Give details as to whether the decedent was survived by a spouse, children or stepchildren. If a minor, use Confidential Information Form (CIF) and provide information of representative.] Name and Address Relationship Interest Sui Juris v.Is the Family Exemption claimed? (1) If claimant is not the surviving spouse, state relationship to decedent: (2) If claimant is surviving spouse, has spouse forfeited the right to claim the exemption? (3) Did claimant reside with decedent at death? If not, state why not. vi.A spouse’s elective share: has not been claimed. has been claimed. [Give details.] vii.If the decedent died testate, the decedent: was not married or divorced after the date of execution of the will. was married or divorced after the date of execution of the will. [Give details.] viii.If the decedent died testate, the decedent: did not have a child or children born or adopted after the date of execution of the will. had a child or children born or adopted after the date of execution of the will. [Give the name and date of birth or adoption of each such child. If minors, use initials and Confidential Information Form (CIF) for names and date of birth.] Name Date of Birth or Adoption (2) Assets. All assets other than real estate. The decedent died owning property (exclusive of real property and property payable under section 3101 of the Probate, Estates and Fiduciaries Code) of a gross value not exceeding $50,000, (or $25,000.00 if prior to August 31, 2013) which is itemized below. [Include only last four (4) digits of account numbers and registration numbers, etc.] Asset Amount Total $ ___________ (3) Liabilities. (i) Names and addresses of all known creditors, amounts claimed, if satisfied, and to which objection is made or not: Name and Address Amount Claimed Satisfied or not Objection Total $___________ (ii) Itemized list of unpaid administrative expenses, unpaid taxes, unpaid debts, and, if the estate were insolvent, are prioritized under 20 PA.C.S. § 3392: Priority Description ( Identify each) Amount 1.Administrative Expenses 2.Family Exemption 3.Funeral and Medical Expense within 6 months 4.Marker or Headstone 5.Rents and medical expenses more than 6 months before death 5.1 Commonwealth and other political subdivisions 6.All other claims Total $_______________ (iii) As to decedents 55 years of age and older, when the request was made to Pennsylvania Department of Human Services: (iv) The following persons claim reimbursement for debts, expenses, and other claims (including inheritance tax, if applicable) they have paid with their own funds: Nature of Person Claiming Date of Debt or Reimbursement Payment Payee Expense Amount Total $___________ (4) Distribution. (i) Name of Distributees paid prior to filing the Petition: Name Description Amount Paid Total $___________ (ii) Name of each proposed Distributee and proposed Distribution Name Description Amount (iii) Name of each interested party who has Consented to, or Joined in, the Petition. Total $__________ (iv) Name of each beneficiary or heir who has Consented to, or Joined in, the Petition. (v) All holders of claims that are disputed, which in the case of this estate, all holders of claims that will not be paid in full, have either: Joined in this Petition which is hereto attached; or been mailed at least twenty (20) days written notice of the date, time, and place of the Orphans’ Court Audit session. (5) Taxes. (i) Tax Return Pennsylvania Inheritance Tax Return has been filed Pennsylvania Inheritance Tax Return has not been filed. [Give details.] (ii) Payment Pennsylvania Inheritance Tax has been paid Pennsylvania Inheritance Tax has not been paid. If inheritance taxes due have not been paid, Petitioner should list the Register of Wills, Agent, as a creditor. [Give details of why tax has not been paid.] Signature of Petitioner Typed Name: Telephone Number: Signature of Attorney for Petitioner Typed Name: Supreme Court No.: Office Address: Telephone Number: Certificate of Compliance I certify that this filing complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania that r equire filing confidential information and documents differently than non-confidential information and documents. Submitted by: ____________________________________ Signature: ______________________________________ Name: __________________________________________ Attorney No. (if applicable):_________________________ Exhibits The following are attached hereto: (1) Death Certificate: Death certificate is already filed with the Register of Wills. Death certificate is already filed with the Clerk of Orphans’ Court. If attaching Death Certificate, use Confidential Document Form (CDF) (2) Will and Codicil, if any. the will and any codicil(s) has / have been probated, a copy is filed. the will and any codicil(s) has/have not been probated, and the original will and any codicil(s) is/are attached. [If not attached, explain, and attach a copy of the Will.] (3) Pennsylvania Department of Revenue Notice of Resident Appraisement, Allowance or Disallowance of Deductions, and Assessment of Tax. (4) Original Consents, Joinders, and Letters of No Objections, as signed. (5) Copy of letter from Pennsylvania Department of Human Services (DHS) as to the existence and amount of the estate recovery claim. (6) Copy of Notice of filing the Petition, as mailed. (7) Confidential information Form, if needed. (8) Confidential Document Form, if needed. Verification The undersigned Petitioner hereby verifies, subject to the penalties of 18 Pa. C.S.A. §4904 (relating to unsworn falsification to authorities), that the facts set forth in the foregoing petition which are within his (her) knowledge are true, and, as to the facts based on information received, after diligent inquiry, he (she) believes them to be true. Date: ______________________ Signature of Petitioner Joinder I (we), the undersigned, being parties other than the petitioner beneficially interested in the estate and/or surviving spouse, children or stepchildren of the foregoing decedent, do hereby certify that I (we) have read the foregoing petition and join in the prayer thereof. Consent I (we), the undersigned, being parties other than the Petitioner beneficially interested in the estate and/or surviving spouse, children or stepchildren of the foregoing decedent, do hereby certify that I (we) have read the foregoing petition and consent to the prayer thereof. County, Pennsylvania Orphans’ Court Division In the Court of Common Pleas of _______________ Estate of : : No. : : County, Pennsylvania, deceased : also known as Late of _______________ : PRELIMINARY DECREE AND NOW, this day of , 20 , upon consideration of the foregoing Petition, it is it is hereby DECREED, as follows: 1.The Clerk shall issue a Citation and Rule upon all Respondents identified as beneficiaries, heirs, creditors and interested parties who have not signed a Joinder, Consent, or Letter of No Objection, to Show Cause Why the Petitioner is not entitled to the relief requested. 2.All Respondents shall file an Answer or Objection to the Petition within twenty (20) days of service, or if no Answer or Objection is filed, then the Rule may be made Absolute without Hearing at the call of the Audit List. 3.The Petition shall be decided under Pa. R.C.P. No. 206.7, if necessary. 4.The Petitioner and those Respondents who file an Answer or Objection must County Judicial Center, at in Court of the Room # _____________ , day of on the appear at the call of the Audit List at ______ ___ ___________________ _____ ____________________________________________________________ (address) either in person or via Advanced Communication Technology, with such latter arrangement being made through the chambers of the undersigned. 5.Notice of the entry of this Preliminary Decree shall be provided to all interested parties by the Petitioner in accordance with Pa. O.C. Rule 3.5(a)(2). The Petitioner shall file a Certificate of Service in advance of the call of the audit, confirming compliance with this directive. BY THE COURT: Judge County, Pennsylvania Orphans’ Court Division In the Court of Common Pleas of _______________ : :No. : : County, Pennsylvania, deceased : Estate of also known as Late of _______________ ORDER AND NOW, this day of , 20 , upon consideration of the foregoing Petition, it is ORDERED and DECREED that the Petitioner disburse and distribute the property of the decedent under section 3102 and section 3392, if applicable, of the Probate, Estates and Fiduciaries Code, as follows, to: Name (If minor, initials only, and refer to Confidential Information Form (CIF).) Amount Total $ ___________ This decree of distribution shall constitute sufficient authority to all transfer agents, registrars and others dealing with the property of the estate to recognize the persons named as entitled to receive such property without administration and shall in all respects have the same effect as a decree of distribution after an accounting by a personal representative. BY THE COURT, Judge County, Pennsylvania In the Office of the Register of Wills of _____________ : : No. : : County, Pennsylvania, deceased : Estate of also known as Late of __________ REGISTER OF WILLS CERTIFICATION ____________________________________ , Register of Wills in and for the County of . , 20day of , Pennsylvania. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my Office on the County Judicial Center, at in the Commonwealth of Pennsylvania, hereby certify that neither L ETTERS TESTAMENTARY nor LETTERS OF ADMINISTRATION were issued to anyone on a Petition arising out of the death of the aforesaid Decedent, all of which appears fully of record in my Office at the County, Pennsylvania, I, WHEREAS, upon receipt of a certified copy of the foregoing Order of the Judge of the Orphans’ Court Division of the Court of Common Pleas of ____________ ____________________ _____________ _____________ ________________________________ ____ _____________________ Register of Wills