Can a family member legally remove estate property before probate is finalized, and what steps can an administrator take to recover those assets? - Pennsylvania
The Short Answer
Generally, no. In Pennsylvania, once a personal representative (executor/administrator) is appointed, that person has the legal right to take possession of and administer the decedent’s estate property—so a family member who removes or keeps estate property without authority can be required to return it.
If property has already been taken, an administrator can often pursue court orders to secure and recover estate assets, and may also have claims against the person who took them.
What Pennsylvania Law Says
Probate is designed to centralize control of estate assets so debts, taxes, and distributions are handled in an orderly way. That means individual family members typically do not get to “self-distribute” items from the home, empty accounts, or sell property simply because they believe they are entitled to it.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 3311.
This statute establishes that the personal representative has the right to take possession of and administer the decedent’s real and personal estate (with a limited exception for certain occupied real estate), and has authority to maintain actions relating to estate assets during administration.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: If you need court intervention (for example, emergency relief to prevent further loss), timing can matter—waiting can make recovery harder if assets are sold, transferred, or dissipated.
- Burden of Proof: The estate may need evidence showing what was taken, when, by whom, and whether it was truly estate property (versus jointly owned property, gifted items, or non-probate assets).
- Exceptions: Some assets may pass outside probate (e.g., certain beneficiary-designated accounts), and real estate possession issues can be fact-specific under Pennsylvania law.
Also, if the problem is that the personal representative is not protecting the estate, Pennsylvania courts can step in. For example, the Orphans’ Court has authority to remove a personal representative for wasting/mismanaging the estate or failing to perform legal duties. See 20 Pa.C.S. § 3182 and 20 Pa.C.S. § 3183.
Because these disputes can escalate quickly (and because the wrong move can create personal liability for an administrator), it’s smart to get legal advice early rather than trying to negotiate informally after assets are gone.
If you want a deeper overview of recovery options, you may also find helpful: How Do I Formally Recover Personal Property Through Probate in Pennsylvania?
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.