How to Avoid Probate in Pennsylvania

Non-probate transfers available in Pennsylvania: (1) No transfer-on-death deed for real estate; real estate can pass outside probate by joint tenancy with right of survivorship or tenancy by the entireties. (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the payee, under the multiple-party accounts law (20 Pa.C.S. Chapter 63). (3) Transfer-on-death registration of securities and security accounts (20 Pa.C.S. Chapter 64). (4) Vehicles titled to joint owners with right of survivorship (including spouses) pass to the survivor on Form MV-39 (PennDOT). (5) Direct payment of limited amounts without letters, such as bank deposits up to $20,000 to family on a funeral bill and up to $10,000 in wages (20 Pa.C.S. § 3101). (6) Petition for settlement of a small estate of $50,000 or less of personal property (20 Pa.C.S. § 3102). (7) Revocable living trust (20 Pa.C.S. Chapter 77).

Pennsylvania has no general small estate affidavit. Instead, certain assets may be paid directly to family without letters: an employer may pay up to $10,000 in wages or employee benefits; a bank or credit union must pay deposits of up to $20,000 per institution to the spouse, a child, a parent or a sibling (in that order of preference) when a receipted funeral bill or a funeral director's affidavit is presented; a facility may pay up to $10,000 from a medical-assistance patient's care account; an insurer may pay up to $11,000 owed to the estate after 60 days; and the State Treasurer may release unclaimed property of $20,000 or less to the spouse or close relatives on a sworn affidavit if no personal representative has been appointed (or five years have passed since appointment). Real estate cannot pass this way.

No. Pennsylvania has not adopted a transfer on death deed for real estate. Its transfer on death law covers securities and security accounts registered in beneficiary form.