How to settle my mother's Estate with a Small Estate Settlement Affidavit. I need to know what an order to the court is to file

Asked 5 months ago - Washington, PA

I want to settle my mother's Estate with a Small Estate Settlement Affidavit. Under Pennsylvania Statutes this is allowed when Estate is under $50,000, this Estate is under
$25,000, the amount is as a bank account of the Decedent.
There is no other valuable assets either real or personal.
I have the Affidavit form, but need advice as to how to make an Order to the Court , what type form or a guideline do I need to present an Order, also I was told about a Motion , can I get an explanation and how to do Order or Motion and which forms are needed or where I can get the forms?

Attorney answers (3)

  1. Thomas J. Wagner

    Contributor Level 19


    Lawyers agree

    Answered . You should hire an attorney to help. It shouldn't be that expensive, but it will be worth the fee.

  2. Peter L. Klenk

    Contributor Level 6


    Lawyers agree

    Answered . Experience over the years has taught me that the small estate settlement is a bit more of a problem than what it is worth, because probate in PA is rather inexpensive and the people who run the Register of Wills are very helpful. I also do probate in NY and there you want to avoid probate...but PA is much less expensive. Filing the will, sending off the notices, etc. in PA is the easy part, remember you still need to complete the PA Inheritance Tax Return and in order to get your release from liability, get everyone to sign off on a family settlement agreement, which you still need to do even with the small estate petition. That is where most people need the advice of an attorney. Soooo, ask the Register of Wills office what the filing fee will be to file the will the old fashioned way, and when you realize it is pretty cheap for such a small estate, you will likely do things the regular way.

  3. William J. Benz


    Contributor Level 12


    Lawyer agrees

    Answered . Unfortunately the small estate procedures involve the orphan's court and motion practice which generally require the know-how of an attorney. It is easier for a lay person to deal with the standard probate procedure in my opinion. Hire an experienced attorney who will charge a reasonable fee to help you.

    Answers given are gratuitous and do not create an attorney-client relationship.

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