Probate & Pennsylvania Real Estate: What Heirs Need to Know (Central PA Guide)
Manage episode 508298897 series 3684287
Probate can feel intimidating—especially when there’s a house involved. In this episode, Brian and Chris break down how probate works in Pennsylvania, what the Orphans’ Court actually does, and when (and how) a probate property can be sold. We keep it practical and local to Central PA—Lancaster, Harrisburg, York, Lebanon, Reading, and Lititz.
You’ll learn why probate sales aren’t “shady,” why PA doesn’t allow Transfer-on-Death deeds, how letters of administration/testamentary work, and what heirs should do first. We also cover timelines, taxes, and selling a home as-is without repairs.
How to Spot/Do (Quick Hits):
“Court approval required” in a listing = likely probate
Letters of Administration/Testamentary = legal authority to act
Notify beneficiaries/creditors before distributing proceeds
PA inheritance tax is due 9 months after death (discount if paid early)
You can sell a house during probate (often with court approval)
Consider as-is cash offers to avoid repair costs and delays
Recap:
Probate sounds complex, but in Pennsylvania it’s a routine legal process to manage someone’s estate after they pass—including any real estate. Brian and Chris start by clearing a big misconception: probate sales are not shady. When a homeowner dies, their assets—including a house—enter the estate. The court’s role is to ensure debts and taxes are handled and the remaining value is distributed properly to heirs.
In PA, you’ll often hear about the Register of Wills and Orphans’ Court. If there’s a valid will, the named executor applies for Letters Testamentary; without a will, an administrator applies for Letters of Administration. Those letters give the legal authority to act for the estate: notify heirs and creditors, manage assets, and, when appropriate, sell the property. Pennsylvania doesn’t allow Transfer-on-Death deeds, so planning tools like revocable trusts are commonly used to avoid probate.
The representative (executor/administrator) generally can sell estate property without getting every beneficiary’s written consent, but they must honor the will and their fiduciary duty—always acting in the beneficiaries’ best interests. Beneficiaries can request information and ask the court to review actions if they’re concerned. Financially, PA’s inheritance tax applies in most non-spouse situations (with a small discount for early payment), while there’s no separate Pennsylvania estate tax and federal estate tax affects only very large estates.
Timelines vary by county and complexity; expect several months and build in time for notices, creditor periods, and title work. You don’t have to make repairs to sell—many heirs choose as-is sales to move forward quickly, especially when homes in Lancaster, Harrisburg, York, Lebanon, Reading, or Lititz need updates. The cleanest first step is to talk to a local probate attorney, then explore selling options, including reputable Central PA cash buyers who understand court timelines and can structure contracts contingent on approval. The bottom line: with the right guidance, probate real estate in Central PA can be navigated clearly, ethically, and with far less stress.
Need to discuss a probate property in Central PA? Call 717-321-SOLD (717-321-7653) for a no-pressure conversation.
6 episodes