The Short Answer

In Pennsylvania, inheriting a house does not automatically give you a “clean” record title you can easily sell or refinance—probate (or an Orphans’ Court decree) is often needed to document who owns the property and to clear the estate’s administration issues. Even though legal title to Pennsylvania real estate generally passes at death to the heirs/devisees, the personal representative’s powers and court orders can still affect the property until the estate is properly administered.

What Pennsylvania Law Says

Under Pennsylvania’s Probate, Estates and Fiduciaries Code, real estate typically passes to the decedent’s heirs (if there is no will) or devisees (if there is a will) at the moment of death—but that title is subject to the estate administration process, including the personal representative’s authority and Orphans’ Court orders. Practically, title companies, lenders, and buyers usually want probate documentation (and often a recorded instrument or decree) showing the chain of title from the decedent to the current owner.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 301.

This statute establishes that legal title to a decedent’s Pennsylvania real estate passes at death to the heirs or devisees, but it remains subject to the powers granted to the personal representative and to court orders during administration.

Related probate administration authority also includes the personal representative’s right to take possession and administer estate real estate during administration. See 20 Pa.C.S. § 3311.

If there is a dispute or a need for a court order addressing possession/distribution of the property, the Orphans’ Court can become involved. See, for example, 20 Pa.C.S. § 3535 (court-ordered delivery of possession of real estate to a distributee in appropriate circumstances).

If you want a deeper overview of deed/title issues after a death, you may also find helpful: How Do I Transfer a Deed Into My Name After a Death in Pennsylvania?

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: Real estate can be impacted by estate administration timing (including whether letters are opened promptly and whether third parties rely on recorded documents). Delays can create title and sale complications.
• Burden of Proof: If the family disagrees about who inherits, whether a will controls, or whether there are unpaid claims that must be addressed, you may need court-backed documentation to satisfy a title company or lender.
• Exceptions: Joint ownership, survivorship deeds, life estates, or other recorded interests can change whether probate is needed and who must sign. Also, the personal representative’s powers and court orders can affect what can be conveyed and when.

Trying to “fix the deed” without coordinating the probate/estate administration side can lead to a failed sale, a rejected refinance, or a title defect that is expensive to cure later. A Pennsylvania probate attorney can evaluate whether probate is required, what documentation will satisfy your county’s recording requirements, and how to reduce the risk of future challenges.

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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.