Estate Litigation

When Estate Matters Go to Court in Pennsylvania

Estate litigation in Pennsylvania is not one thing. A beneficiary whose executor has stopped communicating is in a different proceeding than a family member contesting a will for undue influence, which is different again from an estate pursuing a wrongful death claim against a third party, or an executor defending against a creditor claim. Under 20 Pa.C.S. § 711, Allegheny County Orphans’ Court has jurisdiction over most of these disputes, but the procedure, the timeline, and the remedy depend entirely on which dispute you are in.

The Executor Is Not Doing Their Job

When an executor in Pennsylvania stops communicating, refuses to distribute assets, or engages in self-dealing, beneficiaries file a petition in Orphans’ Court for a rule to show cause or to compel accounting. Once the accounting is filed, beneficiaries can challenge it through objections to estate accounting in Pennsylvania.

For children omitted from a will, see our page on pretermitted heirs in Pennsylvania.

Most estate delays are not misconduct. An executor who is slow or uncommunicative has not necessarily breached their duty. The threshold for court action exists when the executor has ignored written demands, made unequal distributions, or engaged in self-dealing. A written demand letter before filing is essential. Pages: Rule to Show Cause Pennsylvania Estate · Force an Estate Accounting · Executor Refusing to Distribute · Allegheny County Orphans’ Court Procedures

The Will Itself Is Being Challenged

A will contest challenges whether the will should have been admitted to probate. The grounds for will contests in Pennsylvania are undue influence, lack of testamentary capacity, fraud, forgery, and improper execution. Will contests are filed in Allegheny County Orphans’ Court as objections to probate or appeals from the Register of Wills. The window is generally one year from probate. The evidence required is specific: medical records, witness testimony, financial records. A family member who dislikes the outcome is not the same as a family member who has evidence of incapacity or undue influence at the time of execution.

Will contests are expensive, time-consuming, and emotionally destructive. Most settle. Most that go to trial are lost by the contestant. The cases that succeed have specific documented evidence. Pages: Undue Influence in Pennsylvania Will Contests

Someone Caused the Death and the Estate Has a Claim

When a person dies as a result of someone else’s negligence, the estate may have two claims: a survival action and a wrongful death action. The survival action belongs to the estate and recovers for the decedent’s own losses from injury to death. The wrongful death action belongs to the statutory beneficiaries — spouse, children, parents — and recovers for their losses from the death itself. Wrongful death proceeds pass directly to the statutory beneficiaries outside the estate, bypassing probate. Survival action proceeds are estate assets subject to inheritance tax and distribution per the will.

These claims proceed in the Court of Common Pleas civil division, not Orphans’ Court. The executor retains a PI attorney, typically on contingency, and pursues both claims simultaneously. An executor who fails to pursue a valid survival or wrongful death claim may be in breach of fiduciary duty, and statutes of limitations run regardless of estate administration status. For PI matters see our personal injury pages.

Someone Is Suing the Estate

Estates are sued. Creditors file claims for unpaid debts. Former business partners assert contract claims. Personal injury claimants injured by the decedent before death file against the estate. The executor evaluates each claim (valid, disputed, or barred) and pays, negotiates, or rejects. A rejected creditor can pursue the claim in court with the executor as defendant. Pennsylvania law under 20 Pa.C.S. § 3381 establishes the priority order for paying estate claims before any distribution to beneficiaries.

An executor who distributes to beneficiaries before satisfying valid creditor claims does so at personal risk. If the estate is insolvent, Pennsylvania law requires the executor to follow the statutory priority order strictly. Beneficiaries who receive distributions before creditors are paid may be required to return them.

Someone Died During a Pending Lawsuit

When a party to pending litigation dies, the case pauses. Pennsylvania Rule of Civil Procedure 2352 requires a suggestion of death on the record and substitution of the executor or administrator as the party. If the decedent was the plaintiff, the executor continues the litigation on behalf of the estate. If the decedent was the defendant, the plaintiff continues the claim against the estate as a creditor claim. The estate must be opened before substitution can occur. If no estate is opened and no one acts, the stay continues indefinitely while statutes of limitations on related claims keep running.

The executor has a duty to evaluate pending litigation on both sides: pursue claims the decedent had, defend or settle claims the decedent was defending. An executor who ignores pending litigation may be personally liable for the consequences of inaction.

The Estate Owns Property in Foreclosure

When a decedent owned mortgaged real property and payments stop after death, the lender may initiate foreclosure against the estate. Foreclosure in Pennsylvania is a judicial proceeding in the Court of Common Pleas, not Orphans’ Court, and the executor becomes the defendant. The executor has three options: sell before the sheriff sale to preserve equity, negotiate a short sale or deed in lieu if underwater, or allow foreclosure to proceed if the property has no equity. Pennsylvania deficiency judgment rules under 42 Pa.C.S. § 8103 limit recovery in residential mortgage foreclosures.

The most dangerous scenario: no estate has been opened and a sheriff sale is already scheduled. The window to open the estate, qualify the executor, and act before the sale date is narrow. HOA liens, municipal liens, and tax liens can also foreclose independently and may move faster than mortgage foreclosures. For real estate matters arising from estates, see our Real Estate Issues page.

Allegheny County Orphans’ Court jurisdiction extends beyond these situations to guardianship proceedings, trust accountings, and other fiduciary matters. For a full overview of what the court handles and how those proceedings work, see our page on Allegheny County Orphans’ Court procedures and timelines.

Stephen H. Lebovitz is an estate attorney in Pittsburgh representing beneficiaries, executors, and fiduciaries in contested estate matters throughout Allegheny County and southwestern Pennsylvania.

Pennsylvania estate planning documents must satisfy the execution requirements of the Probate, Estates and Fiduciaries Code, found in Pennsylvania statutes. Estate and inheritance tax obligations are administered by the Pennsylvania Department of Revenue.