The Short Answer

In Pennsylvania, most “frozen” bank and investment assets cannot be accessed until a court-recognized personal representative is appointed and receives letters testamentary (if there is a will) or letters of administration (if there is no will). Until then, financial institutions commonly refuse withdrawals because they need proof of legal authority.

There are limited exceptions that may allow certain payments without letters (for example, a capped bank-account release for funeral arrangements), but those exceptions do not replace full probate when the estate needs broader access and authority.

What Pennsylvania Law Says

Under Pennsylvania law, the person with legal authority to take control of a decedent’s property is the personal representative appointed through the Register of Wills/Orphans’ Court process. Once appointed, that personal representative has the right to take possession of and administer the decedent’s property, collect income, and preserve assets during administration.

The Statute

The primary law governing who has authority over a decedent’s 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.

Separately, Pennsylvania also allows certain limited releases without a full estate appointment in narrow situations. For example, a financial institution may be required to pay a decedent’s deposit account (up to a statutory cap and with required funeral documentation) to certain close family members in a priority order. See 20 Pa.C.S. § 3101(b).

If the estate is small enough, the Orphans’ Court may also authorize distribution of certain personal property without full administration by petition. See 20 Pa.C.S. § 3102.

For a deeper explanation of related issues, you may also find helpful: what documents prove executor authority to a bank in Pennsylvania and whether Pennsylvania’s small estate process can be used to collect a bank account.

Why You Should Speak with an Attorney

While the statutes provide the general rule (assets are controlled by the court-appointed personal representative), applying that rule to frozen accounts and real-world family situations is rarely simple. Legal outcomes often depend on:

• Strict Authority Rules: Even close family members usually cannot access estate-only accounts until letters are issued, and institutions may require specific forms of proof and wording.
• Burden of Proof: If there is no will (or the will can’t be located), you may need evidence about heirs, family relationships, and what assets exist before the court will grant letters.
• Exceptions and Limits: Limited “no-letters” options (like the deposit-account payment under 20 Pa.C.S. § 3101 or a small-estate petition under 20 Pa.C.S. § 3102) may not apply to your asset types, may be capped, and can create disputes if other heirs object.

Trying to “unlock” assets without the right authority can delay probate, trigger family conflict, or create personal liability if funds are distributed improperly. A Pennsylvania probate attorney can quickly identify the correct path (full letters vs. limited statutory release vs. small-estate petition) and communicate with banks and other institutions in a way they will accept.

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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.