The Short Answer

In Pennsylvania, a minor heir generally cannot legally consent to a deed or sale the way an adult can. When a minor owns (or will receive) an interest in inherited real estate, the usual solution is a court-supervised process—often through the Orphans’ Court—so the minor’s interest is protected and the buyer receives marketable title.

What Pennsylvania Law Says

When a minor has an ownership interest in real property, Pennsylvania law keeps legal title in the minor, but allows a court to authorize a guardian to act for the minor when it is in the minor’s best interests. Practically, that means a sale or transfer typically needs court involvement (and sometimes a guardian appointment) so the transaction is enforceable and the proceeds are properly safeguarded for the child.

The Statute

The primary law governing court-authorized transactions involving a minor’s property is 20 Pa.C.S. § 5155.

This statute allows a guardian—when the court finds it is in the minor’s best interests—to sell, mortgage, lease, exchange, or even grant an option on the minor’s real property, subject to the notice, security, and terms the court requires.

Relatedly, Pennsylvania law also provides that legal title remains in the minor, subject to the guardian’s powers and court orders. See 20 Pa.C.S. § 303.

If the transaction is properly authorized and any required bond is in place, Pennsylvania law also protects purchasers by providing that the guardian’s sale can pass the minor’s full title, and purchasers generally are not required to police how the proceeds are later used. See 20 Pa.C.S. § 5154.

For additional background on probate-related real estate sales (even when heirs are not aligned), you may also find helpful: Can a Pennsylvania Estate Administrator Sell Property Without All Heirs’ Consent? and Can I Sell My Parent’s House During Probate in Pennsylvania (Before the Estate Is Finalized)?.

Why You Should Speak with an Attorney

While the statutes provide the general framework, selling or transferring inherited real estate involving a minor is rarely “just paperwork.” Legal outcomes often depend on:

• Court findings and safeguards: The court must be satisfied the deal is in the minor’s best interests, and it can require specific notice, security/bonding, and restrictions on how proceeds are held or invested under 20 Pa.C.S. § 5155.
• Title and closing risk: If the wrong person signs, the wrong court is petitioned, or the order is too narrow, the buyer (and title insurer) may refuse to close—or the transaction can be challenged later. The purchaser-protection rules in 20 Pa.C.S. § 5154 generally only help if the guardianship/court-approval steps are done correctly.
• Conflicts of interest: A parent or adult heir who wants to sell may have interests that differ from the minor’s (price, timing, allocation of expenses, occupancy). Courts often scrutinize these situations closely, and representation can be critical.

Trying to handle this alone can lead to an invalid deed, delayed probate administration, or a sale that falls apart at the title/closing stage—often after significant time and expense.

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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.