The Short Answer

In Pennsylvania, proving you own the full interest in inherited real estate usually requires showing (1) how title passed at death (by will or intestate succession) and (2) that nothing in the probate record or land records limits or diverts that interest (such as a court-approved sale, deed, or recorded lien). Even if you have been living on the property and making payments, lenders and title companies typically require clear probate and recording documentation—not just possession or payment history.

What Pennsylvania Law Says

Under Pennsylvania law, real estate generally passes to the decedent’s heirs or devisees at death, but it remains subject to the estate administration process and court orders. That means you may have an ownership claim as an heir/devisee, yet still need probate and recording proof to establish “marketable title,” address liens, and correct any improper transfers.

The Statute

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

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

When the dispute is really about whether the estate distribution (or lack of distribution) was wrong, Pennsylvania also provides a mechanism to seek court relief after an account/distribution is confirmed. See 20 Pa.C.S. § 3521 (petition to review within five years after final confirmation of an account, with limits).

Why You Should Speak with an Attorney

Based on your facts—an SBA lien, alleged mishandling by the executor, a purported “transfer” to a non-heir, and a probate closing without resolving the debt or distributing the full interest—this is the kind of title-and-probate problem where the right evidence depends on what actually happened in (1) the probate docket and (2) the county land records.

In practice, the evidence an attorney will typically look for includes:

• Chain-of-title documents: the deed showing how the decedent held title, and any deeds recorded after death (including any executor’s deed, fiduciary deed, or deed to a third party).
• Probate authority and distribution proof: the will (if any), letters testamentary/administration, the inventory, the account, and the court’s adjudication/decree of distribution (or other orders affecting the real estate).
• Lien and payoff evidence: recorded lien documents, releases/satisfactions (if any), and correspondence showing who the creditor recognizes as authorized to negotiate or pay (important with federal/SBA-related liens).
• Evidence of improper transfer or breach: documents showing the executor’s actions (or inaction), notice issues, and whether any transfer was court-approved or recorded properly.

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: challenges to a confirmed account/distribution can be time-limited (see 20 Pa.C.S. § 3521), and delay can make unwinding transfers much harder.
• Burden of Proof: you may need to prove not only heirship/devise, but also that any deed, lien assignment, or distribution was unauthorized, invalid, or should be set aside.
• Exceptions and competing rights: real estate can pass at death, but it remains subject to estate administration powers and creditor rights (including liens). Untangling an SBA lien issue often requires careful coordination between probate, title, and creditor negotiations.

Trying to handle this alone can lead to a clouded title that prevents refinancing/sale, continued liability exposure, or a court finding that you waited too long to challenge what happened in probate.

If you want more background on how deed problems can complicate probate property issues, you may find this helpful: How do unrecorded or unsigned deeds affect probate property administration in Pennsylvania?

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 review the probate file, land records, and lien history and advise what evidence you need to establish (and clear) full ownership.

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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.