Getting Probate Court Permission to Sell Real Property in Pennsylvania When the Clerk’s Office Won’t Explain Filing Requirements

Quick answer: In Pennsylvania the person with authority over an estate (the executor or administrator) must ask the Orphans’ Court / Court of Common Pleas for permission to sell estate real estate unless the will or prior court order already grants clear authority. If a clerk’s office refuses to explain filing rules, you can still find the legal steps and required documents from statewide resources, the court’s public rules and forms, or by filing a written petition yourself. If you’re unsure, get a probate attorney or free legal help. This is not legal advice.

Detailed answer — how the process works under Pennsylvania law

Pennsylvania handles estate matters through the Register of Wills (who issues letters testamentary or administration) and the Court of Common Pleas (Orphans’ Court functions). The legal authority to sell estate real property typically comes from one of three sources:

• a will that explicitly authorizes the personal representative to sell the property;
• state statute or prior court order giving the named personal representative power to sell; or
• a new court order obtained by filing a petition in the Orphans’ Court asking the judge to authorize the sale.

Statewide estate and fiduciary law appears in Title 20 of the Pennsylvania Consolidated Statutes. For a complete view of the statutes that control estates and fiduciary duties, see the official Title 20 index: 20 Pa.C.S. (Consolidated Statutes, Title 20).

Typical steps to get court permission to sell

1. Confirm who has authority: Determine whether letters testamentary (if there is a will) or letters of administration (if no will) have already been issued by the Register of Wills. The letters identify the personal representative and their powers.
2. Check the will and existing orders: Read the will and any prior court orders. If the will specifically authorizes sale of real property, you may only need to provide notice and follow any conditions the will sets.
3. Prepare a petition to the Orphans’ Court: If the will does not grant clear authority, prepare and file a petition (sometimes titled “Petition for Leave to Sell Real Estate by Executor/Administrator”). The petition should explain why sale is necessary or in the estate’s best interest and include the sales contract or proposed terms.
4. Attach supporting documents: Common attachments include a copy of the will (if any), letters testamentary/administration, death certificate, proposed purchase contract, recent appraisal or broker price opinion, inventory of estate assets, and an affidavit verifying service/notice to interested parties.
5. Provide required notices: Pennsylvania and many counties require that interested parties (heirs, beneficiaries, surviving spouse, secured creditors) receive notice of the petition and the hearing date and that the petition be advertised if required by local practice.
6. Attend the hearing: The court will schedule a hearing. The judge reviews the petition, hears any objections, and decides whether to authorize the sale and under what conditions (e.g., sale subject to confirmation, minimum bid, escrow instructions).
7. Obtain and record the court order: If the judge approves, the court enters an order authorizing the sale. The representative uses that order to close the sale and must follow any post-sale reporting required by the court.

Because local practice and filing formats vary across counties, many counties publish forms and instructions on their websites. The state-level Orphans’ Court information and self-help resources are available here: Pennsylvania Courts — Orphans’ Court (self-help).

What to do if the clerk’s office refuses to explain filing requirements

• Ask for written guidance or the local rules: Court clerks must not give legal advice, but courts must make their filing rules and required forms available to the public. Request a copy of the local Orphans’ Court rules or the county’s probate instructions in writing.
• Check the county court website: Many counties post probate forms, fee schedules, and instruction sheets online. If the clerk won’t help, the county website often will.
• Use statewide resources and model forms: The Unified Judicial System’s forms and self-help pages include common probate petitions and sample language you can adapt. See: Pennsylvania Courts — Court Forms.
• Contact the Register of Wills: The Register of Wills issues letters and can confirm whether letters were issued and what authority they grant. Find state-level Register of Wills info: PA Department of State — Register of Wills.
• Escalate politely: If a clerk refuses to provide publicly available information, ask to speak with the court administrator or the judge’s chambers for guidance on where to find filing instructions. Keep a written record of requests.
• File a petition anyway (if prepared): The court’s role is to act on filed petitions even if a clerk won’t give legal instruction. Many people file a petition with supporting documents and the court will set a hearing and advise interested parties of next steps. Filing without perfect paperwork risks delays; include a cover letter explaining you tried to get instructions from the clerk’s office.

Sample list of documents commonly filed with a petition to sell real estate

• Petition for Leave to Sell Real Property (prepared and signed by the personal representative or counsel)
• Copy of decedent’s will (if any)
• Letters Testamentary or Letters of Administration (if already issued)
• Death certificate
• Purchase agreement or proposed sale terms
• Recent appraisal, broker price opinion, or comparable market analysis
• Inventory or schedule of estate assets
• Proposed order authorizing sale (a draft the judge can sign)
• Certificate of service or affidavit showing notice to beneficiaries and heirs

Timelines and fees

Filing fees and hearing schedules vary by county. After filing, the court typically sets a hearing date several weeks away to allow notice and potential objections. If the sale is time-sensitive, the petition should explain the urgency and request expedited consideration.

What if an interested party objects to the sale?

Any heir or beneficiary may object at the hearing and raise concerns such as inadequate price, conflicts of interest, or incorrect notice. The court resolves disputes and may deny the sale, require competitive bidding, or impose conditions to protect the estate. Keep records of all notices sent and responses received.

When to hire a Pennsylvania probate attorney

Consider hiring a lawyer if:

• the sale is contested or heirs object;
• the estate has multiple creditors or complex tax issues;
• property title issues, mortgages, or liens exist;
• you’re unfamiliar with drafting petitions, notices, and proposed orders; or
• the clerk’s office refuses to provide public information and you need procedural guidance.

If you cannot afford a lawyer, look for free or low-cost legal aid in your county or ask your local bar association for a referral.

Helpful Hints

• Put requests to the clerk in writing and keep copies. If a clerk refuses to provide public procedural information, documenting your request helps if you escalate the issue.
• Search your county’s Court of Common Pleas/Orphans’ Court web pages for probate forms and local rules before traveling to the courthouse.
• Draft a complete petition packet before filing: petitions that omit required attachments are the most common cause of delay.
• Include an appraisal or broker estimate with your petition to show the court the sale price is fair.
• Provide clear notice to heirs and interested parties and keep proof of service; missing statutory notice can void proceedings or delay approval.
• Use a proposed order tailored to your county’s preferred format—many counties accept a simple form order but others expect specific language or signature blocks for the judge.
• If the property must be sold quickly (e.g., to avoid serious damage or to preserve value), state the emergency facts in your petition and ask for expedited hearing. Include documentation supporting the urgency.
• When in doubt, consult a Pennsylvania probate attorney for the county where the real estate is located. Local practice varies.

Disclaimer: This article explains general principles of Pennsylvania probate practice and is not legal advice. Every estate and courthouse can differ. Consult a licensed Pennsylvania attorney for advice about your specific situation.