How to sell a house in probate in Pennsylvania
General information for Pennsylvania, last reviewed November 9, 2026. Not legal advice. Practice varies by county Orphans' Court and Register of Wills.
If you are an executor or administrator and need to sell a house in probate in Pennsylvania, the main questions are usually who can sign, when, and whether a court has to be involved. This page gives a general overview for families in Philadelphia and the surrounding counties. It is not legal advice. Your estate attorney and the county Register of Wills are the authorities on your specific estate.
1. Someone needs legal authority to act for the estate
When a house is titled only in the name of the person who died, someone has to be formally appointed before the estate can sell it. In Pennsylvania, the Register of Wills in the county where the person lived grants letters testamentary to an executor named in a will, or letters of administration to an administrator when there is no will. Montgomery County's Register of Wills, for example, describes its role as probating wills, processing intestate estates, and issuing the certificates needed to transfer estate assets (Montgomery County Register of Wills).
Some homes don't pass through probate at all. A house held jointly with right of survivorship, or one held in a trust, may follow a different path. Ask your attorney to look at the deed before you spend money preparing the house.
2. Does selling require a court order?
Often it does not, but it depends on the will and the circumstances. Under Pennsylvania's Probate, Estates and Fiduciaries Code, unless the will says otherwise, a personal representative may sell real property that was not specifically left to someone. Property that was specifically left to a person can be sold with that person's joinder (20 Pa.C.S. § 3351).
When the personal representative lacks that authority, when the will denies it, or when a sale with the effect of a judicial sale is advisable, the sale can go forward under an order of the Orphans' Court Division in the county where letters were granted (20 Pa.C.S. § 3353). Some agents' websites describe court confirmation hearings and overbidding as routine. Those are common in some other states, and whether any court step applies to your estate is a question for your attorney.
3. Notices and the estate's paperwork
After letters are granted, Pennsylvania law requires the personal representative to advertise the grant of letters once a week for three successive weeks, in a newspaper of general circulation and in the designated legal periodical (20 Pa.C.S. § 3162). There are also notice requirements for beneficiaries and heirs, inventory and accounting duties, and Pennsylvania inheritance tax filings. Your attorney will track these. They matter for the house because the title company will want to see that the estate's authority and paperwork are in order before settlement.
4. Pennsylvania inheritance tax and the house
The Pennsylvania Department of Revenue states that inheritance tax becomes delinquent nine months after death, and that a 5 percent discount is allowed if the tax is paid within three months. Rates depend on the heir's relationship to the person who died: 0 percent for a surviving spouse, 4.5 percent for direct descendants and lineal heirs, 12 percent for siblings, and 15 percent for most other heirs (PA Department of Revenue: Inheritance Tax). Because the house is often the largest asset, its value as of the date of death matters. Ask your attorney or accountant whether you need an appraisal.
5. Preparing and listing the home
- Secure and insure the property. Vacant homes may need different insurance. Check with the carrier.
- Decide on as-is or light preparation. Many agents in this directory offer to compare an as-is sale with a sale after clean-out or repairs. Ask for both numbers in writing.
- Be cautious with unsolicited cash offers. Several agents' pages warn about assignable or “wholesale” contracts. If you are weighing an investor's offer, ask what an open-market sale would likely net.
- Check municipal requirements. Many townships and boroughs in the Philadelphia suburbs require a resale or Use & Occupancy inspection before settlement, and the rules vary.
6. Settlement
At settlement, the executor or administrator signs for the estate. Proceeds usually go to the estate and are used for debts, taxes, and expenses before anything is distributed under the will or Pennsylvania's intestacy rules. Your attorney decides the timing of distributions.