Philadelphia, PA asked in Real Estate Law for Pennsylvania

Q: Can I file an Affidavit of Heirship to receive a property my mom owned; she died with out a will. It is worth 140K.

I am an only child and the property is in Pennsylvania.

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2 Lawyer Answers
Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Are you her only heir? You should’ve able to open an estate and transfer the property from her estate to yourself.

Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: Unfortunately, this is far more complicated. There is no such thing as an “Affidavit of Heirship.” You need to hire a lawyer to open an estate. If you have siblings or your mom had a husband, they will have to join with you or formally renounce. Ultimately, the lawyer will do a deed from the estate to you, if you are the only heir. You will have to pay an inheritance tax of 4.5% on the value of the house and any other assets you inherit. If there is a mortgage or any unpaid real estate taxes, those will have to be addressed.

There is other paperwork associated with the estate, but this is enough of an introduction to get you started.

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