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PA probate procedure what is an affidavit of small estate

my father passed away this year leaving alot of debt, no will, no life insurance. he had a life insurance policy on my life & was in the process of changing the beneficiary from him to my daughter and fiance. he had the paper work but never sent it in. so, the insurance company said i need to file an affadavid of small estate to become the owner of the policy and then i can change the benficiary. i don't know where to get this affadavid or where to file it. he was a philadelphia resident but i live in NJ. since he left so much debt, would i be liable for any of it if i claim this insurance policy? it is a 25K whole life insurance policy that he had been paying yearly for 15 years.

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Attorney answers (1)

Reputation Level 12
As your father was a resident of Philadelphia, you will have to go to the Register of Wills office in City Hall to file paperwork to become administrator of the estate. Since you are not a Pennsylvania resident, they might require you require you to post a bond, which is a pain in the neck.

I don't see how why the insurance company won't just take a death certificate to allow you to change ownership of the policy on your life. Each company seems to have its own ridiculous procedures.

Debts only need to be paid to the extent there are probate assets, such as a house, a car, individually-owned bank accounts, bonds or CD's, etc. This means that, generally, insurance proceeds pay directly to beneficiary and bypass creditors, who can make no claim on the proceeds. Moreover, you especially should have no worry about creditors because there are no insurance proceeds even going to your father because YOU are the insured and are alive and well! A beneficiary who predeceases the insured cannot gain a penny.

My office is just outside Philadelphia in Jenkintown. Should you need assistance, feel free to give me a call.

Barry J. Dubrow, Esq.
215-886-1234

Dubrow, P.C.
The Pavilion, Suite 514
261 Old York Road
Jenkintown, PA 19046
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Other answers (1)

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Keith

You can get this by filing to open up probate at the county courthouse probate court for your county (I think they call them surrogate's court in your state, but I'm not exactly sure about that). You can not be held liable for any of his debt. You can not claim the policy for yourself.

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