The Short Answer

In Pennsylvania, an estate administrator (personal representative) can often sell estate property without getting every heir’s consent, but the answer depends on whether the property is specifically devised in a will and whether court involvement is required for the particular sale.

If heirs disagree, the administrator may still be able to proceed—yet the sale can trigger objections, court hearings, and potential fiduciary-liability issues if it is not handled correctly.

What Pennsylvania Law Says

Under Pennsylvania probate law, the personal representative generally has authority to take possession of and administer estate assets (including real estate during administration) and may have statutory power to sell certain estate property. But the scope of that authority changes depending on how the property passes (for example, whether it was specifically devised to a named beneficiary) and whether the sale needs the protection of a court order.

If you’re dealing with a disputed sale, it’s important to distinguish between (1) property the estate can sell as part of administration and (2) property that requires a beneficiary’s joinder or a court-approved process.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3351.

This statute establishes that, unless a will provides otherwise, a personal representative may sell estate personal property and may sell real property not specifically devised; however, real property that is specifically devised generally requires the joinder of the specific devisee.

In addition, Pennsylvania law recognizes that a personal representative may seek an Orphans’ Court order to sell estate property when needed or when it is advisable that the sale have the effect of a judicial sale. See 20 Pa.C.S. § 3353.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Heirs can object to proposed actions, and timing can affect leverage and court options—especially if a sale is pending or already under contract.
• Burden of Proof: If the sale is challenged, the administrator may need to justify that the transaction was proper for administration (e.g., paying debts/taxes, preserving value) and consistent with fiduciary duties.
• Exceptions: Whether the property is specifically devised, whether a will restricts sale powers, whether an heir is occupying the property, and whether court approval is strategically necessary can all change the analysis.

Trying to handle a contested estate sale alone can lead to delays, a blocked closing, or claims that the administrator breached fiduciary duties. An attorney can evaluate whether the administrator has authority under the will and Title 20, whether Orphans’ Court approval is advisable, and how to respond if an heir threatens litigation.

For more background, you may also find these helpful: Can a Pennsylvania Executor Sell Estate Property (Including Real Estate)? and Can One Heir Live in an Inherited Home While Another Heir Wants to Sell in Pennsylvania?.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.