The Short Answer

In Pennsylvania, your options usually depend on who had legal control of the home during the estate administration (the personal representative vs. an heir/occupant/tenant) and what authority existed to manage the property. Often, recovery can involve claims for damage against the responsible person (such as a tenant) and/or action in Orphans’ Court to protect the estate and prevent further loss.

Because inherited real estate can shift in and out of the personal representative’s control, it’s important to get legal advice early to avoid the estate (or you personally) being stuck with preventable losses.

What Pennsylvania Law Says

During estate administration, Pennsylvania law generally gives the personal representative (executor/administrator) the right to take possession of, maintain, and administer the decedent’s real estate, collect rents/income, and bring legal actions relating to that property—subject to an important exception when an heir or devisee was occupying the property at the time of death with the decedent’s consent.

The Statute

The primary law governing control of estate real property during administration is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative generally has the right to possess, preserve, and manage estate real estate (including collecting rents and maintaining actions), with a specific occupancy exception for an heir/devisee who was living there at death with the decedent’s 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:

• Who had legal possession/control at the time of the damage: If the personal representative had (or should have had) possession under 20 Pa.C.S. § 3311, the estate may have different remedies than if an heir was occupying under the statutory exception.
• Evidence and valuation issues: Proving “devaluation” typically requires tying specific damage to a measurable loss (repair estimates, appraisals, photos, timelines, and witness proof), and separating normal wear-and-tear from actionable damage.
• Multiple legal tracks and competing interests: Tenant damage can implicate landlord-tenant claims, while “unresponsive heirs” can trigger Orphans’ Court disputes over possession, management, and whether someone should be compelled to cooperate. In many inherited-home disputes, a related remedy may be a court-supervised sale/partition process—see How Does a Partition Action Work in Pennsylvania (Especially for Inherited Property)?.

Trying to handle this alone can lead to missed opportunities to preserve the property, difficulty proving damages, or costly disputes among heirs about who is responsible for the loss.

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.