Legal Question in Wills and Trusts in Pennsylvania

Why do you have to have a small estate affidavit if your are already the beneficiary?


Asked on 11/01/15, 5:21 pm

1 Answer from Attorneys

I do not understand the question. When someone dies, there is either a will or not. If there is a will, then the person named in the will has to be appointed as the executor. If there is no will, then anyone (in the preference outlined in the statute) can be named administrator. Since you indicate there is a beneficiary, then there must be a will here. In such case, for small estates, the executor would need an affidavit to collect assets from banks. The executor would then pay the bills and disburse any net remaining assets to the named beneficiaries.

In short answer to your question, the beneficiary does not need an affidavit. It is the executor of the estate who needs an affidavit or short certificate in order to be able to collect assets on behalf of the estate. Even if there is only one beneficiary and the same person is also the executor, then the person is wearing two "hats" and there are separate functions. An executor needs an affidavit. Beneficiaries do not.

The only exception I can think of would be where there are no probate assets and no need for probate but there is some money left in a bank account only in the name of the deceased. In those cases, the bank would want some kind of document showing that the beneficiary is entitled to the funds. That is the only thing I can think of.

You are asking questions here. My advice is given but I have not seen any documentation and don't know all the facts and my answer could change if more was known.

If you can afford it, I would go and have a consult with a probate law attorney who practices in the county/state where the deceased resided at the time of his/her death. If you cannot afford it, then talk to the register of wills/probate court for that county. You should be prepared to know if there is a will or not, who the heirs would be if not in the will and what assets the decedent had. You also have to determine if you are the executor or beneficiary and whether an estate will need administered or what you need to do. While there is a process for simplified estates in PA, many people do not use it as it requires much the same as the full blown probate probate process.

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Answered on 11/01/15, 6:38 pm


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