The Short Answer

In Pennsylvania, the personal representative (executor/administrator) can sometimes sell estate real estate without a special court order, but there are common situations where a petition to the Orphans’ Court is the safest—or required—path. If the will limits the power to sell, if the property is specifically devised, if there is a dispute among heirs, or if you need the protections of a “judicial sale,” you typically seek an Orphans’ Court order authorizing the sale.

What Pennsylvania Law Says

Pennsylvania’s Probate, Estates and Fiduciaries Code gives a personal representative authority over estate property and, in many cases, the ability to sell estate assets as part of proper administration and distribution. However, when the personal representative is not authorized to sell (or is restricted by the will or other governing instrument), or when it is advisable that the sale carry the effect of a judicial sale, Pennsylvania law allows the personal representative to request an order from the Orphans’ Court Division in the county where letters were granted.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3353.

This statute establishes that, when a personal representative lacks authority (or is denied authority) to sell estate property—or when a judicial-sale effect is advisable—the personal representative may sell estate real or personal property under an Orphans’ Court order, on terms, security, and notice the court directs, if the court finds the sale desirable for proper administration and distribution.

Related authority can also matter in real-world cases, including the personal representative’s baseline power to sell certain property (20 Pa.C.S. § 3351) and the personal representative’s right to possess and administer estate real estate during administration (20 Pa.C.S. § 3311).

If you want more background reading, see: Can a Pennsylvania Executor Sell Estate Property (Including Real Estate)? and Can a Pennsylvania Estate Administrator Sell Property Without All Heirs’ Consent?.

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: Probate administration has court-driven timelines and notice requirements, and a sale can be delayed or challenged if the petition/notice is not handled correctly under the court’s directives in 20 Pa.C.S. § 3353.
• Burden of Proof: The court must find the sale is “desirable for the proper administration and distribution of the estate,” and that showing often depends on documentation (estate debts, carrying costs, beneficiary positions, title issues, and whether the property is specifically devised).
• Exceptions: Sales can get complicated when the property is specifically devised, when an heir/devisee is occupying the home, when the will restricts sale authority, or when there are disputes that make a judicial-sale order advisable.

Trying to handle this alone can lead to delays, objections, failed closings, or personal liability for the personal representative. A probate attorney can evaluate whether you need a court order, draft the petition in the format your county Orphans’ Court expects, address beneficiary objections, and coordinate with the title company so the buyer receives insurable title.

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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.