SB 1203
An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, in dispositions independent of letters, family exemption, probate of wills and grant of letters, providing for small estate primary residence affidavit.
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Sign in to take action- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Bill overview
This bill creates a process for transferring a deceased person’s primary residence directly to their family members without going through the traditional probate process. Counties can establish a system where a simple affidavit, known as a ‘small estate primary residence affidavit,’ can be used to transfer ownership. This is intended to simplify the transfer of a deceased person’s home to their heirs, particularly when the estate is small and doesn’t require formal probate proceedings. The process allows for distribution based on petition, court discretion, and with or without an appraisal, and includes provisions for waiving fees for low-income heirs.
Key provisions
- Allows counties to establish a process for transferring primary residences via affidavit.
- Establishes a ‘small estate primary residence affidavit’ for direct transfer of ownership.
- Provides for court approval of the transfer, potentially without probate.
- Offers fee waivers for heirs with incomes below 120% of the federal poverty guidelines.
- Requires recording of the property transfer with the county.
- Includes a mechanism for challenging a distribution decree within two years.
- Mandates a study by the Local Government Commission on the effectiveness of the program.
- Allows counties to waive or refund realty transfer taxes associated with these transfers.
Who is affected
- Heirs of deceased individuals
- Families of decedents
- County property offices
- Real estate owners
- Pennsylvania counties
Notable changes
Sponsors
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Primary sponsor
Cosponsors
Steven Santarsiero
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