Q: My son was killed in a single car accident in Pennsylvania, where he also was a resident. He had no will. The auto insurance paid for the car (he owed nothing on it) payable to the “estate of (his name)” in the amount of $11,200. I was not going to open an estate for such a small amount. Can I use the Small Estate Affidavit under the 3101(d)-probate code to have the insurance company make the check payable to me? He had no wife or children. I realize 3101(d) just covers up to $11,000. I would be willing to ask the insurance company to forego the $200 if they will reissue the check to me. The insurance company says they can only make the check payable to whoever the car was titled to. Any suggestions on how to handle this situation? (Pittsburgh, PA)
A: I believe the statute reads, accident, life, etc. so I am not sure why they will not pay up to $11,000.00. Sometimes, claims people at insurance companies, especially if they are not in PA, are not familiar with the statute. You may want to send a copy to them and highlight the applicable portions of Section (d). Whether the issue is the $200.00 excess with them, I don’t know. I would think you can sign a waiver and the $200.00 would then be transferred to the PA Department of Unclaimed Property.