The Short Answer

Yes—often, a Pennsylvania personal representative (executor/administrator) can sell an estate-owned house during probate, before the estate is fully finalized, as long as they have proper authority and the sale complies with Pennsylvania probate rules.

However, whether court approval or beneficiary joinder is required can depend on how the property is left in the will, whether there are disputes, and whether the court requires bonding or additional security.

What Pennsylvania Law Says

In Pennsylvania, once someone is formally appointed by the Orphans’ Court as the estate’s personal representative (and issued “letters”), that person generally has the power to take possession of estate property, manage it, and sell certain estate assets as part of administration. The key issue is whether the real estate is specifically devised in the will (left to a named person) or is part of the general estate, and whether the will restricts sale authority.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3351.

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

Related authority also confirms the personal representative’s right to take possession and administer estate real property during administration. See 20 Pa.C.S. § 3311.

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 authority requirements: If you are not yet appointed (no letters testamentary/administration), you typically cannot deliver clear title—buyers and title companies usually require proof of authority.
• Burden of proof and documentation: Title issues, liens, creditor claims, and whether the property is “specifically devised” can change what consents or court involvement are needed.
• Exceptions and court involvement: If the will restricts sale, if heirs/devisees object, or if it’s advisable to have the protections of a judicial sale, the personal representative may need an Orphans’ Court order under 20 Pa.C.S. § 3353. Also, if a bond is required, Pennsylvania law can restrict when sale proceeds may be paid to the personal representative unless the court excuses or adjusts security. (See 20 Pa.C.S. § 3351.)

If you want more background reading, these may help: Can a Pennsylvania Executor Sell Estate Property (Including Real Estate)? and Can I Petition the Orphans’ Court to Sell a Decedent’s House During Probate in Pennsylvania?.

Trying to handle a sale without confirming authority, consents, and court requirements can delay closing, trigger objections, or create personal liability for the personal representative.

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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.