How do I keep utilities and insurance active on estate property during the probate process? - Pennsylvania
The Short Answer
In Pennsylvania, the personal representative (executor/administrator) generally has the legal authority—and responsibility—to take possession of, maintain, and preserve estate property during probate, which commonly includes keeping necessary utilities on and maintaining appropriate insurance coverage.
Because these expenses can affect estate value, liability exposure, and beneficiary disputes, it’s smart to get legal guidance early so payments are handled correctly and documented properly.
What Pennsylvania Law Says
During probate, the personal representative is not just “waiting for court.” Pennsylvania law expects the personal representative to protect estate assets, manage them responsibly, and make reasonable expenditures to preserve property. For a house, that often means keeping heat/electric/water on as needed to prevent damage (like frozen pipes) and maintaining insurance to reduce risk of loss and liability.
If you’re dealing with a vacant property, insurer requirements and coverage exclusions can become a major issue quickly—so the legal authority to spend estate funds is only one piece of the puzzle. The other piece is making sure the estate is protected and the spending is defensible to heirs and the court.
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, maintain, and administer estate property and to make all reasonable expenditures necessary to preserve it during administration.
For insurance specifically, Pennsylvania also authorizes the personal representative to obtain liability coverage at the estate’s expense: 20 Pa.C.S. § 3313. This can matter if someone is injured on the property or claims arise connected to the estate’s administration.
Related reading: Do heirs have to pay the mortgage and utilities on an inherited home during probate in Pennsylvania? and What estate expenses can be paid before beneficiaries receive distributions in Pennsylvania?.
Why You Should Speak with an Attorney
While the statutes provide the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Utilities, insurance renewals, and premium due dates don’t pause for probate. A lapse can create uncovered losses or force expensive last-minute coverage.
- Burden of Proof: If beneficiaries later challenge spending, the personal representative may need to justify that the utilities/insurance were reasonable expenditures to preserve the property under 20 Pa.C.S. § 3311.
- Exceptions: If an heir/devisee is occupying the property, or if the will contains specific directions, the personal representative’s control and payment decisions can get complicated (and disputes are common).
Trying to handle this alone can lead to coverage gaps, personal liability risk, or conflict among heirs—especially when a property is vacant, needs repairs, or has unclear ownership/occupancy issues.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened probate attorney in Pennsylvania to discuss your specific facts and options.
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.