The Short Answer

In Pennsylvania, an executor (called a “personal representative”) often has authority to sell certain estate property, but the scope depends on what the will says and what type of property is being sold. Real estate sales can require additional parties (like a specific devisee) or Orphans’ Court involvement, especially when the goal is to obtain the protections of a judicial sale.

What Pennsylvania Law Says

Pennsylvania’s Probate, Estates and Fiduciaries Code gives personal representatives statutory powers to administer estate assets, including taking possession of estate property during administration and, in many situations, selling property to properly administer and distribute the estate. However, the rules differ depending on whether the asset is personal property versus real property, and whether the real property was specifically devised in the will.

The Statute

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

This statute establishes that, unless the will provides otherwise, the personal representative may sell personal property and may sell real property that is not specifically devised; if the real property is specifically devised, the personal representative generally needs the specific devisee to join in the sale.

When a sale is not authorized by statute or is restricted by the will—or when it is important that the sale have the effect of a judicial sale—the personal representative can seek authority from the Orphans’ Court. 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: Estate administration has time-sensitive reporting, notice, and court-driven requirements, and delays can create disputes or expose the executor to claims.
• Burden of Proof: If beneficiaries object to the sale price, marketing, or necessity of selling, the executor may need to justify that the sale was appropriate and consistent with fiduciary duties.
• Exceptions: Whether the property is specifically devised, whether the will restricts sales, whether a bond/additional security issue applies to handling real estate proceeds, and whether a court order is needed to obtain “judicial sale” protections can all change the analysis under Pennsylvania law.

Trying to handle a contested or high-value estate sale without counsel can lead to beneficiary litigation, a delayed closing, or personal liability for the executor. For more background on related estate-sale issues, you may also find helpful: selling probate property with a federal tax lien and holding estate sale proceeds in escrow.

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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.