Pennsylvania Small Estate Affidavit Filing Fee and How to File

When a loved one passes away and leaves behind a modest estate, the last thing you want is to spend hundreds or thousands of dollars just to access what's rightfully yours or the heirs'. That's where understanding the Pennsylvania small estate affidavit filing fee becomes important. It's one of the most affordable ways to transfer assets after someone dies, but the costs and how they work aren't always obvious upfront.

What Is a Small Estate Affidavit in Pennsylvania?

A small estate affidavit is a legal document that allows certain people to collect a deceased person's assets without going through full probate. In Pennsylvania, this process is designed for estates that fall under a specific dollar threshold. Instead of opening a formal estate with the Register of Wills, the person entitled to the assets can file a simple affidavit and claim them directly.

This option exists because probate can be expensive and time-consuming. For smaller estates, it often makes more sense to use this shortcut. If you're wondering whether probate is even necessary, comparing the small estate affidavit and the probate process side by side can help you decide which path fits your situation.

How Much Does It Cost to File a Small Estate Affidavit in Pennsylvania?

The filing fee for a small estate affidavit in Pennsylvania typically ranges from $20 to $50, depending on the county where you file. Each county's Register of Wills office sets its own fee schedule, so the exact amount varies. Some counties may charge a flat fee, while others add small surcharges for certified copies or additional pages.

For example:

Philadelphia County may charge around $30 for the filing.
Allegheny County has a similar fee structure but may include additional administrative costs.
Smaller rural counties sometimes charge on the lower end of the range.

Compared to the cost of full probate which can easily run into the thousands when you factor in attorney fees, court costs, and administrative expenses the small estate affidavit filing fee is a fraction of that. You can learn more about the dollar amount limits that qualify an estate for this simpler process.

When Do You Need to Pay the Filing Fee?

You pay the fee at the time you submit the affidavit to the Register of Wills in the county where the deceased person lived. This is the same office that handles probate filings, but the small estate affidavit follows a different, streamlined path.

The fee is due when you file not after approval. If the affidavit is rejected for any reason (such as incomplete information or the estate exceeding the allowed limit), most counties will not refund the fee. That's why it's worth double-checking everything before you submit.

Who Has to File and Pay This Fee?

Not just anyone can walk in and file a small estate affidavit. Pennsylvania law limits who has the right to file. Generally, the person filing must be someone entitled to inherit under the will or by intestate succession (when there's no will). Creditors and other parties have different rules.

If you're unsure whether you're eligible to file, our guide on who can file a small estate affidavit in Pennsylvania breaks this down clearly.

Are There Any Other Costs Besides the Filing Fee?

The filing fee itself is small, but there are a few other potential costs to keep in mind:

Certified copies: If you need certified copies of the affidavit to present to banks or financial institutions, expect to pay $5 to $10 per copy.
Notary fees: Some affidavits require notarization. A notary public in Pennsylvania usually charges $5 to $15 per signature.
Death certificates: You'll likely need certified copies of the death certificate, which cost $20 each when ordered through the Pennsylvania Department of Health. Most financial institutions require at least 2–3 copies.
Attorney fees (optional): While not required, some people hire a lawyer to review the paperwork. This can cost $150 to $500 depending on the complexity.

Even with these added costs, the total expense is far less than formal probate proceedings.

What Mistakes Do People Make With This Filing?

Here are the most common errors that cost people time and money:

Filing in the wrong county. The affidavit must be filed in the county where the deceased person resided. Filing elsewhere means paying the fee again in the correct county.
Exceeding the estate limit. Pennsylvania sets a maximum estate value for small estate affidavits. If the estate is even slightly over the limit, the filing may be rejected and you won't get the fee back.
Incomplete or incorrect information. Missing Social Security numbers, wrong asset values, or unsigned forms will delay the process.
Not getting enough certified copies. Banks, investment companies, and other institutions each want their own certified copy. Ordering extras upfront saves you return trips to the courthouse.
Assuming all assets qualify. Certain assets like real estate or jointly held property may not be covered by a small estate affidavit. These need separate handling.

How Does This Fee Compare to Full Probate Costs?

To put it in perspective, here's a rough comparison:

Small estate affidavit: $20–$50 filing fee, plus minor costs for copies and notarization.
Formal probate in Pennsylvania: Court filing fees often start around $200–$400, plus executor fees (typically 5% of the estate), attorney fees, appraisal costs, and bond premiums. Total costs can easily reach $2,000–$5,000 or more for even a modest estate.

The difference is significant, which is exactly why the small estate affidavit option exists. If you're ready to get started, our step-by-step walkthrough on how to file a small estate affidavit in Pennsylvania covers the full process from start to finish.

Can the Filing Fee Be Waived?

In certain circumstances, yes. Pennsylvania courts may waive filing fees for individuals who demonstrate financial hardship. This typically requires filing a petition to proceed in forma pauperis (as a poor person), which asks the court to waive costs because you can't afford them. Each county handles these requests differently, and approval is not guaranteed.

If you think you may qualify, contact the Register of Wills office in your county directly to ask about their fee waiver process.

Quick Reference: Pennsylvania Small Estate Affidavit Filing Fee Checklist

Confirm the estate falls under the Pennsylvania small estate affidavit dollar amount limit
Check the exact filing fee with your county's Register of Wills office
Gather the death certificate (order 3–4 certified copies)
Prepare the affidavit with accurate asset values and beneficiary information
Get the affidavit notarized if required by your county
Budget for certified copies ($5–$10 each) beyond the base filing fee
File in the correct county the county of the deceased person's residence
Bring a check or money order; some counties don't accept credit cards

One practical tip: before you file, call your county's Register of Wills office and confirm the current fee and accepted payment methods. Fees can change, and nothing slows down the process faster than showing up with the wrong form of payment. You can also check the Pennsylvania Courts website to find your county's courthouse information.