Pennsylvania: How to Secure and Inventory a Deceased Person’s Home Before You Are Appointed Administrator

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can you secure, inventory, and stop family from removing items before you are appointed administrator?

Short answer: Yes — you can take practical, legally careful steps to protect the house and its contents while you move to become the estate’s administrator. The safest route is to document everything, limit access, seek temporary court protection if needed, and move quickly to obtain letters of administration so you legally control estate property.

Detailed answer — what you need to know under Pennsylvania law

This is an overview intended to help you understand the ordinary steps and legal concepts in Pennsylvania when someone dies and no one (yet) has legal authority to manage the estate. This is general information and not legal advice.

Why authority matters

Only a personal representative (an executor named in a will or an administrator appointed by the Register of Wills / Orphans’ Court) has legal authority to collect, preserve, and distribute the decedent’s assets. Acting outside that authority can create disputes or expose you to claims for improper removal or conversion of property. Estate administration in Pennsylvania is governed by the Pennsylvania Consolidated Statutes (Title 20 — Decedents, Estates and Fiduciaries). For background on probate and administration rules, see Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).

Immediate practical steps you can take (low legal risk)

  1. Secure the premises physically but carefully. Lock doors and windows to prevent casual entry. If you did not have keys and must change locks, be cautious: changing locks can be perceived as excluding siblings. If relationships are strained, instead consider boarding up windows or installing temporary measures and keep records of who you notified and why.
  2. Document condition and contents thoroughly. Take time-stamped photos and videos (wide shots and close-ups) of every room, closets, safes, jewelry boxes, electronics, and obvious valuables. Create an inventory list with item descriptions, serial numbers, and approximate values. Save metadata from photos (date/time) and keep the original digital files.
  3. Use witnesses. When you inventory or photograph, invite a disinterested adult or another family member to observe and sign or initial the inventory pages. If possible, note their name, contact information, and relationship to the decedent.
  4. Secure the most valuable items offsite. For small high-value items (cash, jewelry, gun(s), important papers), consider placing them in a safe deposit box or a locked container at a bank. Keep a signed, witnessed log showing what you removed, why, and where you placed it.
  5. Preserve important documents in-place or copy them. Locate the will, life insurance policies, bank and investment records, titles, deeds, and social security information. Make photocopies or scans and keep originals safe.
  6. Avoid taking or disposing of personal property that is plainly someone else’s personal item. Clothes, photos, and personal mementos are often emotionally charged. If siblings take items, document what was taken (photos, witness statements).
  7. Communicate in writing. Send a neutral group message or email to siblings and other interested parties identifying that you are preserving the property, requesting they not remove items, and asking them to coordinate through you until an administrator is appointed. Save proof of delivery.
  8. Call the police only for in-progress unlawful removal. If someone is actively removing items against your request and willfully taking items, you may call local law enforcement to report suspected theft or trespass. Do not use police to resolve ordinary family disputes over possession.

How to move quickly to get legal control

  1. Find the will (if any) and file it with the Register of Wills. The executor named in a will usually applies for probate/letters. If there is no will or the named executor will not act, an interested person (often the next of kin) can petition to be appointed administrator.
  2. Apply for Letters of Administration or Letters Testamentary. The Register of Wills in the county where the decedent lived issues authority to the administrator or executor. Once you have letters, you have clear authority to take possession of estate property, inventory the assets, and manage them. Contact your county’s Register of Wills office for forms and instructions; Pennsylvania’s unified court information is available at the Pennsylvania Courts website: pacourts.us.
  3. If necessary, seek temporary court relief quickly. If a family member is removing or concealing assets, you can ask the Orphans’ Court for emergency relief. That relief can include temporary seizure, an order to preserve property, or expedited appointment of a personal representative. Consult an attorney to prepare an emergency petition to the Orphans’ Court in the county where the estate is being administered.

When a sibling takes items before letters are issued — what remedies exist

  • Document losses. Create a dated list of items missing with photos showing their prior location and value estimates.
  • Demand return in writing. Send the person a written demand (email or certified mail) asking for return of the property and warning that you will seek legal remedies if needed.
  • File a civil claim if necessary. After appointment, the personal representative can bring an action for conversion or replevin to recover wrongfully taken items. In some urgent cases, the court can issue a temporary order requiring return prior to final appointment.
  • Criminal charges. If the taking was intentional and wrongful, criminal theft laws may apply; law enforcement discretion varies and is fact-specific.

Notes about changing locks and denying access

Changing locks is tempting but can escalate conflict. If you are not yet administrator, document reasons for any lock change and immediately notify all interested persons in writing that access is restricted to preserve estate property. If someone has a legal interest (e.g., the decedent gave a family member permission to live there), make sure to check local landlord/trespass and probate rules first. If in doubt, ask the Register of Wills or an attorney whether you should wait for letters.

Practical checklist you can use right away

  • Take time-stamped photos and video of everything inside and outside the house.
  • Make a written inventory (room-by-room), mark valuables with description and serial numbers.
  • Identify and secure the original will and important papers.
  • Lock the house and document who has keys; keep a log of all visitors.
  • Store small valuables in a bank or other secure location and document the transfer.
  • Notify siblings in writing that you are preserving the property and request they not remove items.
  • Contact the county Register of Wills and ask how to file for administration or how to get emergency relief.
  • Contact an estate attorney if there is active removal or likely litigation.

Helpful links (Pennsylvania resources)

  • Text of Pennsylvania Decedents, Estates and Fiduciaries (Title 20): legis.state.pa.us — Title 20
  • Pennsylvania Courts (Orphans’ Court and probate information): pacourts.us
  • Find your county Register of Wills office — contact them for forms and filing procedures (search via your county court website or pacourts.us).

Helpful Hints

  • Act quickly but document everything — good documentation is your best protection.
  • Keep communications calm and professional; written records help resolve disputes later.
  • Do not destroy or hide property to “hold” it for the estate; that can create liability.
  • If family tensions are high, consider a neutral third party (attorney or mediator) to coordinate handling until an administrator is appointed.
  • When in doubt, get legal advice from a Pennsylvania probate attorney — especially before changing locks, removing items, or filing an emergency petition.

Disclaimer

This article explains general principles of Pennsylvania law and practical steps you can take to protect a decedent’s property before appointment of an administrator. It is educational only and not legal advice. For advice specific to your situation, contact a licensed Pennsylvania attorney or the Register of Wills in the county where the decedent lived.

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.