Small Estate Petitions (20 Pa.C.S. § 3102) & the Family Exemption

When § 3101 isn't enough — because the assets exceed its limits or don't fit its categories — but the estate is still relatively small, § 3102 provides a simplified court process.

Small Estate Petition — § 3102

If the decedent's personal property (excluding real estate and § 3101 assets) totals $50,000 or less, any interested party may petition the Orphans' Court for a decree directing distribution. The key features:

• Letters testamentary or of administration are not required (though they may already have been granted)
• A will does not need to be probated first
• The court may order distribution with or without appraisement
• Owning real estate does not disqualify you — the $50,000 limit only counts personal property
• The court's decree covers personal property only, not real estate

In Bucks County, the petition must be filed with the Orphans' Court Clerk and must include an inventory of all assets, a list of unpaid claims, and the names and relationships of all beneficiaries. The petition format is prescribed by Bucks County Local Rule 5.16A.

When Full Probate Is Simpler Than a § 3102 Petition

Here's something counterintuitive: the Bucks County Orphans' Court Manual notes that probate may often be simpler and less expensive than proceeding under § 3102. Why? Because the § 3102 petition requires essentially the same information as opening an estate — inventory, beneficiary identification, creditor claims — but without the structured framework that probate provides. For estates near the $50,000 limit with any complexity (disputes, debts, tax issues), regular probate may actually be the cleaner path.

The Family Exemption — § 3121

Separate from both § 3101 and § 3102, the family exemption allows the surviving spouse — or children if no surviving spouse — to claim up to $3,500 in estate property free of all creditor claims except the costs of administration. This can be claimed by filing a petition or by simply taking possession of qualifying property.

Spousal Allowance

The surviving spouse is also entitled to a reasonable allowance from the estate for living expenses during administration, separate from the family exemption and separate from their share of the estate.

When to Use Each Tool

• Parent died with a $12,000 checking account and no real estate? → § 3101(b). Walk into the bank with a death certificate and receipted funeral bill.
• Parent died with $35,000 in bank accounts, a car, and household items but no real estate? → § 3102 petition to Orphans' Court (or consider regular probate).
• Parent died with $200,000 in assets and a house? → Full probate. No shortcut available.
• Parent's employer owes $6,000 in back pay? → § 3101(a). Contact HR directly.
• Parent had a $9,000 life insurance policy payable to "my estate"? → § 3101(d). Contact the insurer after 60 days with an affidavit.