Estate Planning · Probate and Real Estate

What Happens to a House During Probate in Pennsylvania?

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Real estate is often the most significant asset in a Pennsylvania estate — and it is frequently the most complicated to administer. When someone dies owning a house, the property does not automatically transfer to the heirs under Pennsylvania law. Unless the property was placed in a trust, held in joint tenancy with right of survivorship, or transferred through another mechanism that avoids probate, it passes through the estate under Pennsylvania probate law. That means the executor takes control, the property must be maintained and insured during administration, and title cannot transfer to a new owner until the executor has authority to convey it through the estate.

In Pennsylvania, real estate owned solely by the decedent becomes part of the probate estate and is administered by the executor until it is sold or transferred to the beneficiaries. Understanding what happens to a house during probate — who controls it, whether it can be sold, and what title problems can surface — helps families avoid delays and disputes that derail estate administration. For broader guidance on estate planning and probate, see our Estate Planning and Probate page.

At Lebovitz & Lebovitz, P.A., we assist executors, administrators, and beneficiaries throughout Allegheny County with probate administration, real estate transfers, and the resolution of title problems that surface during estate settlement.

Who Controls the Property During Probate

When an estate is opened, the Register of Wills in the county where the decedent was domiciled appoints an executor — if there is a will — or an administrator — if there is not. That person has legal authority over all estate assets, including real property. The beneficiaries do not own or control the property during administration. The executor does.

The executor’s responsibilities with respect to real estate during probate include maintaining the property in reasonable condition, paying property taxes and homeowner’s insurance, and securing the premises if it is vacant. Allowing a property to deteriorate, fall into tax delinquency, or go uninsured during probate creates liability for the executor and reduces the value available for distribution to the beneficiaries. These obligations continue until the property is either transferred to the heirs or sold as part of the estate.

Executors who are also beneficiaries sometimes struggle with the distinction between their fiduciary role and their personal interest in the property. An executor who wants to keep the house must still comply with the estate administration process — they cannot simply occupy the property or ignore their obligations to other beneficiaries. For a full overview of executor duties and personal liability, see our page on executor duties in Pennsylvania.

Can the Property Be Sold During Probate

Yes. In Pennsylvania, an executor generally has authority under the will — or under the Probate, Estates and Fiduciaries Code if the will is silent — to sell estate real estate without court approval, provided the sale is in the best interest of the estate. This authority allows the executor to liquidate property to pay debts, taxes, and administration expenses, or simply to distribute proceeds to multiple beneficiaries who cannot agree on keeping the property.

When all beneficiaries agree on a sale and the title is clear, a probate real estate sale can proceed relatively efficiently. A deed signed by the executor in their fiduciary capacity conveys title to the buyer. The buyer’s title insurance company will require documentation of the executor’s appointment and authority — typically letters testamentary from the Register of Wills — before insuring the transaction.

If beneficiaries disagree about whether to sell — one heir wants to keep the property, another wants the cash — the executor must use judgment and, in some cases, may need court guidance. Disputes among beneficiaries over estate real estate are among the most common sources of probate litigation in Allegheny County.

When Title Problems Surface During Probate

Probate often reveals title problems that were invisible during the decedent’s lifetime. Missing deeds are common — a property that was transferred informally decades ago may still show the original owner in the public record. Unrecorded deeds, deeds with errors in the legal description, and transfers that were signed but never completed create gaps in the chain of title that must be resolved before the property can be sold or transferred to heirs.

Multiple heirs create complexity when some want to sell and others do not, or when the ownership shares are disputed. Properties that passed through prior estates without proper administration may carry forward title defects from earlier generations. Liens against the estate — judgment liens, unpaid taxes, or Medicaid estate recovery claims — attach to the real property and must be addressed before clear title can pass to a buyer or beneficiary.

These issues may require a quiet title action, a petition to the Orphans’ Court, or negotiated resolution before the property can be transferred or sold. They are best identified early in the administration process — not at the closing table when a transaction is pending. For guidance on resolving title defects through the courts, see our article on real estate and title matters.

How Real Estate Passes Outside of Probate

Not all real estate passes through probate. Property held in joint tenancy with right of survivorship passes automatically to the surviving joint tenant at death by operation of law — no probate required. Property held by a married couple as tenants by the entireties transfers to the surviving spouse the same way. A deed with a life estate reserved to the original owner transfers to the remainderman at the owner’s death without probate, though life estate deeds create their own complications for Medicaid planning and estate tax purposes.

Property placed in a revocable living trust during the owner’s lifetime passes to the trust beneficiaries at death according to the trust terms, bypassing probate entirely. This is one of the primary reasons families establish revocable trusts — not tax savings, but the ability to transfer real estate and other assets at death without going through the Register of Wills. For guidance on trusts and estate planning, see our page on wills and trusts in Pennsylvania.

Planning Ahead to Avoid Probate Complications

Many of the problems that arise with real estate during probate are preventable with planning done during the owner’s lifetime. A revocable trust, a properly drafted deed with survivorship provisions, or a transfer-on-death deed — where available — can remove the property from the probate estate entirely. Addressing title defects while the owner is alive and competent is far simpler than resolving them after death. Keeping deeds current, recorded, and consistent with the estate plan avoids the gaps that create expensive problems for the next generation.

Families with significant or complex real estate holdings — multiple properties, inherited land, properties with unclear ownership history — benefit most from coordinated planning that addresses both the estate and the title dimensions together.

Real estate in a Pennsylvania estate requires careful attention from the moment the estate is opened. When disputes arise or title problems surface, civil litigation may be necessary to resolve competing claims and allow the estate to close.

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Stephen H. Lebovitz is an attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania. He has been admitted to the Pennsylvania Bar since 1989 and also holds licenses in Florida and Maine. The firm assists executors, administrators, and beneficiaries with probate administration and real estate matters throughout Allegheny County and Western Pennsylvania.