What Rights Do Co-Owners Have When One Heir Wishes to Live in an Inherited Property While Another Wishes to Sell? - Pennsylvania
The Short Answer
In Pennsylvania, heirs who inherit a house together generally become co-owners, meaning no single heir can unilaterally force the others to accept a buyout or a sale just because they want to live there. However, during estate administration, the personal representative (executor/administrator) may have authority to take possession, manage the property, and even sell it when permitted—so the “right to live there” can be limited, especially if a sale is needed to protect other parties’ rights.
Because the outcome depends on how title passed (through the estate vs. survivorship), whether the property is still under administration, and whether court involvement is needed, you should speak with a probate attorney before anyone moves in, refuses access, or lists the property for sale.
What Pennsylvania Law Says
When a Pennsylvania resident dies owning real estate, questions about who controls the property and whether it can be sold often turn on whether the estate is being administered and whether a personal representative has been appointed. During administration, Pennsylvania law gives the personal representative broad authority to possess, maintain, and administer estate property, collect income, and protect the estate—while also recognizing a narrow exception for real estate that was occupied at death by an heir or devisee with the decedent’s consent.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3311.
This statute establishes that the personal representative generally has the right to take possession of and administer the decedent’s real and personal estate (with a limited exception for real estate occupied at death by an heir/devisee with the decedent’s consent), and it also makes clear that the personal representative’s power to sell real estate is not eliminated merely because an heir is occupying it.
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: Timing can matter if the estate is still being administered and whether letters have been issued—delays can affect leverage, creditor issues, and the ability to complete a clean transfer or sale.
- Burden of Proof: Disputes often turn on evidence such as whether the decedent consented to an heir living there at the time of death, who has been paying taxes/insurance/mortgage, and whether the occupant is excluding other co-owners.
- Exceptions: The rules can change depending on how title passed (for example, survivorship vs. inheritance), whether there are other interested parties, and whether court authorization is needed to sell or manage the property in a way that protects everyone’s interests.
Trying to handle this alone can lead to avoidable conflict, claims for reimbursement or occupancy value, or a court fight that costs far more than resolving the matter early with counsel.
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.