The Short Answer

In Pennsylvania, a beneficiary (or heir) usually cannot access a decedent’s bank accounts or safe deposit box just because the person died “intestate” (without a will). In most cases, a court-appointed personal representative must be appointed and then use court-issued authority to collect and distribute assets.

However, Pennsylvania law does allow limited, faster access in certain situations—especially for smaller amounts or funeral-related needs—without opening a full estate.

What Pennsylvania Law Says

When someone dies, Pennsylvania generally treats their assets as part of an “estate” that must be gathered, protected, and distributed to the people entitled under intestate succession. The key point is that the person with legal authority to deal with estate property is the personal representative (also called an administrator in an intestate estate), not an heir acting alone.

The Statute

The primary law governing who has authority to take control of estate property is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative has the right to take possession of and administer the decedent’s real and personal property during estate administration.

For smaller estates, Pennsylvania also provides a court process that can allow distribution without full administration. The controlling statute is 20 Pa.C.S. § 3102, which permits the Orphans’ Court to direct distribution of qualifying personal property (generally up to $50,000, with important exclusions) by decree.

And for certain limited payments (including small bank deposits for funeral arrangements and small life insurance amounts payable to the estate), Pennsylvania allows institutions to pay specified family members without letters in some circumstances under 20 Pa.C.S. § 3101.

If you’re trying to access accounts or property, it matters a lot whether the asset is (1) an estate asset requiring an administrator, or (2) a non-probate transfer (like a payable-on-death account or life insurance with a named beneficiary) that may be claimed directly.

Related reading: Can I access a deceased parent’s bank account with only a death certificate in Pennsylvania? and using Pennsylvania’s small estate process to collect bank accounts.

Why You Should Speak with an Attorney

While the statutes provide the general rules, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict authority requirements: Under 20 Pa.C.S. § 3311, banks and other institutions commonly require proof that you are the court-appointed personal representative before they will release estate assets.
• Small-estate eligibility and exclusions: The “$50,000” small estate route under 20 Pa.C.S. § 3102 has technical rules about what counts toward the cap and what property is excluded, and the court’s decree must be drafted correctly for banks/transfer agents to honor it.
• Asset-by-asset rules: Life insurance may be payable directly to a named beneficiary (often outside probate), but if it is payable to the estate, the insurer may require estate authority—though 20 Pa.C.S. § 3101 can allow limited payments in smaller amounts under specific conditions.

Trying to handle this without counsel can lead to delays, rejected claims by banks/insurers, family disputes over who should serve as administrator, or personal liability if assets are collected or distributed improperly.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

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.