Montco Selling a house during probate in Pennsylvania
Yes, a house can be sold during probate in Pennsylvania. Once the Register of Wills grants letters, the executor or administrator (the "personal representative") can usually sell estate real estate without a court order, unless the will says otherwise (20 Pa.C.S. §3351).
Who can sell the house
When someone dies, legal title to their real estate passes to the heirs or the people named in the will, but it's subject to the personal representative's powers (20 Pa.C.S. §301(b)). In practice that means the estate house is sold by the personal representative after the Register of Wills grants:
- Letters testamentary if there is a will (the executor), or
- Letters of administration if there isn't (the administrator).
The personal representative can also take possession of the house, collect rent and pay to keep it up while the estate is open (§3311). That's true even if an heir was living there.
When the court has to approve the sale
Most estate sales need no court order. An Orphans' Court order is needed when (§3353):
- the will takes away the power to sell, or
- the law doesn't otherwise give the power to sell in that situation.
If the will leaves the house to a specific person (a "specific devise"), the personal representative can still sell without a court order if that person joins in the sale. If they won't, a court order is needed (§3351). Any interested person can also ask the court to stop a sale the will doesn't authorize (§3355).
Step by step in Montgomery County
- Probate the will or open the estate at the Register of Wills, One Montgomery Plaza, 425 Swede Street, Norristown (610-278-3400). Bring the original death certificate and the original will. Confirm hours before you go.
- Advertise the grant of letters. The personal representative publishes notice once a week for 3 weeks in a local newspaper and the county legal journal (§3162).
- Get the house ready or sell it as-is. The Seller Disclosure Law doesn't apply to an executor selling estate property (68 Pa.C.S. §7302(a)(1)). Federal lead-paint disclosure still applies to homes built before 1978.
- Get the municipal resale inspection where required (Norristown, Pottstown and Bridgeport all require one).
- Close, then pay debts and taxes before distributing. The house can be sold without waiting a year. The 1-year creditor period (§3532) affects when the personal representative can safely pay out the proceeds, not whether they can sell.
Pennsylvania inheritance tax and the house
| Who inherits | Rate |
|---|---|
| Surviving spouse; a parent inheriting from a child 21 or younger; a child 21 or younger inheriting from a parent | 0% |
| Children, grandchildren and other lineal descendants; parents and grandparents | 4.5% |
| Brothers and sisters | 12% |
| Everyone else | 15% |
The tax is due at death and becomes delinquent 9 months later. Paying within 3 months gets a 5% discount (72 P.S. §9142). Unpaid inheritance tax is a lien on the real estate (§9167), so it's normally paid from the sale or before closing. The Register of Wills handles inheritance tax returns and payments.
Common questions
Can you sell a house while it's in probate in Pennsylvania?
Yes. After the Register of Wills grants letters, the personal representative can usually sell estate real estate without a court order, unless the will takes away that power (20 Pa.C.S. §3351, §3353).
Can heirs sell the house before letters are granted?
In practice, no. Title passes to the heirs at death but stays subject to the personal representative's powers and the estate's debts and taxes, so the sale is made by the personal representative after letters are granted (20 Pa.C.S. §301(b)).
Does the executor need court approval to sell?
Usually not. Court approval is needed when the will denies the power to sell, or when the house was left to a specific person who won't join in the sale (20 Pa.C.S. §3351, §3353).
Does an executor have to fill out a seller disclosure form in PA?
No. Pennsylvania's Seller Disclosure Law exempts transfers by a fiduciary administering an estate (68 Pa.C.S. §7302(a)(1)). Federal lead-paint disclosure still applies to homes built before 1978.
Do we have to wait a year after death to sell?
No. The 1-year creditor period in 20 Pa.C.S. §3532 protects the personal representative when paying out the estate. It doesn't stop a sale.
Sources: 20 Pa.C.S. §3351, §3353, §301, §3532; 68 Pa.C.S. §7302; PA Department of Revenue, inheritance tax; Montgomery County Register of Wills. Checked November 15, 2026.