Updated September 4, 2026. Quick answer: in Pennsylvania, an estate can use settlement of small estates on petition when the qualifying value is $50,000 or less. Real property does NOT pass that way: a house in Pennsylvania in sole name forces a probate whatever the estate is worth.
What this guide covers
Whether probate is required in Pennsylvania turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for Pennsylvania, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
Pennsylvania’s route: settlement of small estates on petition, under 20 Pa.C.S. § 3102.
$50,000 gross value, exclusive of real estate and of property payable under § 3101, but including personal property claimed as the family exemption.
owning property (exclusive of real estate and of property payable under section 3101 (relating to payments to family and funeral directors), but including personal property claimed as the family exemption) of a gross value not exceeding $50,000
Source: 20 Pa.C.S. § 3102
The real-estate problem
What the text says: the route does NOT reach real property.
exclusive of real estate and of property payable under section 3101
Source: 20 Pa.C.S. § 3102
What probate costs in Pennsylvania if it is required
Pennsylvania’s probate fees and attorney-compensation rules are their own topic, worked through in full on Pennsylvania probate cost.
If a trust fits your situation in Pennsylvania
In Pennsylvania a house in sole name does not pass by the small-estate route, so an estate that includes one is heading for probate whatever the number is; a funded revocable living trust is the instrument that avoids it, and LawDepot builds a state-specific one.
Build a living trust at LawDepot
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The order to work through it
List what Pennsylvania residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $50,000 or less, settlement of small estates on petition is the route to look at. If real property remains in sole name, plan on an administration for the real property regardless.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. Pennsylvania’s own small-estate mechanics: Pennsylvania small estate affidavit.
Statutory text read at Pennsylvania’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.