The Short Answer

In Pennsylvania, when an estate is still open, the personal representative (executor/administrator) generally has the legal right—and duty—to take possession of and administer estate property. If an heir is holding estate assets and refuses to return them, the issue is typically handled through the Orphans’ Court as part of the estate administration, and the court can issue orders to protect and recover estate property.

What Pennsylvania Law Says

During an open probate estate, Pennsylvania law places responsibility for gathering, protecting, and managing estate assets on the personal representative. That includes the authority to take possession of estate property and to take legal action concerning that property when needed. Practically, that means an heir does not get to “self-distribute” items or keep assets simply because they believe they are entitled to them—distribution is supposed to happen through the estate process.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative has the right to take possession of and administer the decedent’s real and personal estate during administration (with a limited exception for certain occupied real estate), and may maintain actions with respect to estate assets.

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 court-driven timelines (inventory, accountings, objections), and delay can affect leverage and remedies—especially if assets are being sold, transferred, or dissipated.
• Burden of Proof: You may need to prove the property is an estate asset (not a gift, joint property, or non-probate transfer) and document what was taken, when, and its value.
• Exceptions: Disputes often involve claims that the item was gifted before death, belongs to someone else, or is tied to real estate possession issues. Pennsylvania law also recognizes limited circumstances involving occupied real estate during administration. See, e.g., 20 Pa.C.S. § 3311.

Trying to handle this alone can backfire—especially if the wrong party files the wrong petition, evidence is not preserved, or the dispute escalates into claims for damages, sanctions, or fiduciary issues. If you want more context on related estate recovery disputes, you may find this helpful: How Can I Challenge an Executor’s Accounting and Recover Missing Estate Funds in Pennsylvania?.

Get Connected with a Pennsylvania Attorney

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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.