The Short Answer

In Pennsylvania, heirs can sometimes move a sale forward even if one co-owner refuses to cooperate, but the right approach depends on whether the property is still in an open estate (probate) or has already been distributed to the heirs as co-owners. If the estate is still being administered, the personal representative may be able to sell under Pennsylvania’s probate code—sometimes with Orphans’ Court involvement—rather than relying on a holdout heir’s signature.

What Pennsylvania Law Says

Inherited real estate disputes often turn on who currently holds legal authority over the property. If the property is part of a decedent’s estate being administered in Pennsylvania, the personal representative (executor/administrator) may have statutory authority to sell certain real estate for proper administration and distribution. If the property has already passed to multiple heirs as co-owners, a separate court process may be needed to resolve a deadlock.

In many families, the conflict is not really about “whether to sell,” but about valuation, repairs, occupancy, liens, or whether the estate can legally convey title without every heir voluntarily signing. That is where court authority and proper notice become critical.

For more background on co-owner sale disputes, you may also find helpful: forcing the sale of a co-owned house with a sibling in Pennsylvania and when one heir lives in the inherited home while another wants to sell.

The Statute

The primary law governing an estate representative’s ability to sell inherited real estate is 20 Pa.C.S. § 3351.

This statute establishes that, unless a will provides otherwise, a personal representative may sell real property that is not specifically devised, and may sell specifically devised real property only with the joinder of the specific devisee.

When a sale needs the added protection and authority of a court order (or when authority is disputed), Pennsylvania law also provides a court-supervised route: 20 Pa.C.S. § 3353. This statute allows the Orphans’ Court division to authorize a sale of estate property when the court finds it desirable for proper administration and distribution.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple—especially when a co-owner refuses to cooperate. Legal outcomes often depend on:

• Strict Deadlines: Real estate sales tied to probate administration can be affected by estate timelines, creditor issues, and court scheduling—delays can increase carrying costs (taxes, insurance, utilities) and create leverage for the uncooperative party.
• Burden of Proof: If you need Orphans’ Court involvement, you may need to show why a sale is “desirable for the proper administration and distribution of the estate” under 20 Pa.C.S. § 3353, and ensure all required parties receive proper notice.
• Exceptions: Whether the property was specifically devised in a will, whether an heir is occupying the home, and whether title has already been distributed can change the legal path. For example, Pennsylvania law addresses a personal representative’s possession/administration rights over real estate during administration in 20 Pa.C.S. § 3311, which can matter when one heir is living in the property and blocking a sale.

Trying to force a sale without the right authority (or using the wrong court process) can lead to a failed closing, title problems, or costly litigation. An attorney can quickly identify whether this is primarily a probate administration issue (Orphans’ Court) or a co-ownership deadlock after distribution, and then pursue the strategy that actually results in a marketable transfer.

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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.