Pennsylvania: Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This is general information and not legal advice. Consult a Pennsylvania attorney before taking action.

Short answer

Usually no — you cannot unilaterally force a co‑heir to reimburse you for an appraisal unless one of the following is true: an agreement among the heirs requires reimbursement; the appraisal was ordered by the personal representative and treated as an estate administration expense; or a Pennsylvania court (e.g., in a partition or Orphans’ Court matter) orders allocation of the cost. Absent those circumstances, each co‑heir is generally responsible for their own negotiation and valuation costs.

Detailed answer — how Pennsylvania law and typical situations work

1) If the property is part of a probate estate and a personal representative obtained the appraisal

When property remains part of a decedent’s estate and the personal representative (executor/administrator) orders an appraisal to administer or distribute estate assets, the appraisal cost is generally treated as an administration expense and paid from the estate before distributions to heirs. Pennsylvania’s Decedents, Estates and Fiduciaries statutes (Title 20 of the Pennsylvania Consolidated Statutes) govern administration of estates and what expenses are properly paid from estate assets. See the Pennsylvania Consolidated Statutes, Title 20: Decedents, Estates and Fiduciaries: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20

What this means in practice: if the personal representative had the appraisal done in the course of administering the estate (to determine fair market value for distribution or sale), the cost typically comes out of estate funds. You would not personally be entitled to demand reimbursement from a co‑heir when the cost was properly incurred by the estate.

2) If heirs are negotiating a private buyout (no personal representative involvement)

If co‑heirs are negotiating directly and one heir commissions an appraisal to support a buyout offer, there is generally no statutory right to force the other heir to reimburse that appraisal fee unless the heirs agreed in writing that appraisal costs will be shared or reimbursed. In private deals, who pays is a contract question — put it in writing. Without agreement, the person who ordered and paid for the appraisal normally bears that cost.

3) If you file a partition action or ask a court to resolve the buyout dispute

If co‑ownership of real property leads to a partition action (asking a Pennsylvania court to divide or sell the property and distribute proceeds), the court can appoint appraisers or commissioners and may allocate the costs between the parties fairly. Courts can order one party to pay costs, divide costs proportionally, or permit costs to be paid from sale proceeds. For information about Orphans’ Court (probate) and Court of Common Pleas procedures in Pennsylvania, see the Pennsylvania Unified Judicial System: https://www.pacourts.us/courts/court-of-common-pleas/orphans-court

4) Practical equity and contribution claims

In some circumstances, an heir can seek contribution or equitable relief. For example, if one co‑owner paid necessary expenses that preserved the value of shared property (taxes, insurance, major repairs), courts may order contribution. A routine appraisal used solely by one heir to make a private offer is less likely to qualify as a cost that must be split. Contribution results depend on the facts and court discretion.

5) Best routes to secure reimbursement or an allocation

  • Get a written agreement before ordering or paying for an appraisal (who picks the appraiser, who pays, whether costs are refundable if the buyout fails).
  • If the estate is in probate, ask the personal representative to order the appraisal so the cost is an estate expense.
  • If negotiations stall, consider mediation or a partition action and ask the court to allocate appraiser fees as part of the remedy.
  • Keep receipts and documentation showing purpose of the appraisal and how it relates to administration, sale, or buyout calculations.

Common scenarios — sample outcomes

Scenario A: The personal representative orders an appraisal to list estate real estate. The appraisal is paid from estate funds; heirs receive distributions net of estate administration costs.

Scenario B: Two siblings agree one will buy the other’s share. Sibling A pays for an independent appraisal to support an offer. There is no written agreement on cost sharing. Sibling B is not required to reimburse unless they agree or a court orders otherwise.

Scenario C: Co‑owners cannot agree and one files a partition action. The court orders an appraisal and allocates appraisal and court costs between the parties — potentially recovering fees from sale proceeds.

Helpful hints

  • Always get agreements in writing. A short written buyout agreement can specify appraisal selection, cost allocation, timeline, and who pays if the deal ends.
  • When the estate is open, request the personal representative use estate funds for valuation measures.
  • Use a neutral, licensed appraiser acceptable to all parties to avoid disputes about bias or credibility of valuation.
  • Ask for an itemized invoice from the appraiser and keep it with estate or transaction records.
  • Consider mediation before filing court actions — it’s faster and often cheaper than litigation.
  • If you expect court involvement (partition or Orphans’ Court), consult a Pennsylvania attorney early to learn how courts in your county typically allocate appraisal or expert costs.

When to consult an attorney

Contact a Pennsylvania attorney if: (1) a personal representative won’t order an appraisal you think the estate needs; (2) co‑heirs dispute who pays for valuation; (3) you want the court to allocate appraisal costs in a partition or estate accounting; or (4) large estate value is at stake and you need tailored strategy. An attorney can draft agreements, represent you in Orphans’ Court or partition proceedings, and advise on whether appraisal fees may be recoverable in your situation.

Resources

  • Pennsylvania Consolidated Statutes, Title 20 (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
  • Pennsylvania Unified Judicial System — Orphans’ Court information: https://www.pacourts.us/courts/court-of-common-pleas/orphans-court

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.