The Short Answer

In Pennsylvania, you may be able to ask the Orphans’ Court to restrain (stop) an administrator/personal representative from selling estate property—especially if the sale is not clearly authorized by the will (if any) or would harm beneficiaries or creditors. The key is acting quickly, because once property is transferred to a bona fide purchaser, undoing the sale can become much harder.

What Pennsylvania Law Says

Pennsylvania’s Probate, Estates and Fiduciaries Code gives the Orphans’ Court authority to step in when a personal representative’s proposed sale is improper or risky for the estate. Depending on the circumstances, the court can (1) require court involvement for the sale, (2) restrain the sale, or (3) remove the personal representative if they are mismanaging or jeopardizing the estate.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3355 (Restraint of sale).

This statute allows the court, on its own motion or on application of a party in interest, to restrain a personal representative from making (or completing) certain sales, and it also warns that the restraint order may be ineffective against a bona fide purchaser unless it is recorded in the county deed records before the buyer records.

Related provisions often come into play, including the court’s power to authorize sales by order when needed under 20 Pa.C.S. § 3353 and the court’s authority to remove a personal representative for mismanagement or jeopardizing the estate under 20 Pa.C.S. § 3182.

If you want background on estate property control issues during administration, you may also find this helpful: Can an executor force an heir to return estate property in Pennsylvania while probate is still open?

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:

• Speed and timing: Under 20 Pa.C.S. § 3355, delay can be costly—if a bona fide buyer records first, your ability to stop or unwind the transfer may be severely limited.
• Burden of proof: You typically need persuasive evidence that the sale is unauthorized, not in the estate’s best interest, involves self-dealing, undervaluation, or otherwise threatens beneficiaries/creditors.
• Exceptions and authority questions: Whether the administrator has authority can turn on the will’s language (if any), whether the property is specifically devised, whether joinder/consent is required, and whether court approval is needed (see, e.g., 20 Pa.C.S. § 3351 and 20 Pa.C.S. § 3353).

Trying to handle this alone can lead to missed opportunities to protect the estate, or to court filings that don’t request the right relief. A probate attorney can evaluate whether a restraint petition, an emergency request, a bond issue, or a removal petition is the best way to protect the property and your inheritance rights.

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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.