The Short Answer

Usually, no. In Pennsylvania, the executor’s legal authority to take control of estate property generally comes from being formally appointed as the estate’s “personal representative” and receiving letters testamentary from the Register of Wills.

Before letters are issued, entering the home and removing items can create serious disputes (and potential liability), especially if other heirs/devisees object or there is disagreement about what belongs to the estate.

What Pennsylvania Law Says

Under Pennsylvania probate law, the personal representative is the person who has the legal right (and duty) to take possession of and administer the decedent’s property as part of the estate administration. That authority is tied to the appointment process and the issuance of letters by the Register of Wills.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3311.

This statute establishes that a personal representative has the right to take possession of, maintain, and administer the decedent’s real and personal estate (with a limited exception for certain occupied real estate).

Relatedly, Pennsylvania law also addresses how title passes at death—personal property passes to the personal representative (if any) as of the date of death, while real estate generally passes to heirs/devisees subject to the personal representative’s powers. See 20 Pa.C.S. § 301.

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:

• Authority and timing: Letters testamentary are the official proof of authority to act for the estate. Acting too early can be characterized as improper “self-help,” especially if valuables are removed or records are not kept.
• Burden of proof: If a dispute arises, you may need to prove what was removed, why it was removed, where it went, and that it was done for preservation of the estate (not personal benefit).
• Family/occupancy complications: If an heir/devisee is living in the home, Pennsylvania law recognizes special issues around possession and control of occupied real estate. See 20 Pa.C.S. § 3311.

In contested estates, premature entry or removal of property can trigger petitions in Orphans’ Court, surcharge claims, or even removal proceedings against a personal representative for alleged mismanagement once appointed. (Pennsylvania courts can remove a personal representative for wasting or mismanaging the estate. See 20 Pa.C.S. § 3182.)

If you want more background on related disputes, you may find these helpful: forcing an heir to return estate property and risk of removing items from an inherited home.

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.

Find a Pennsylvania Attorney Now

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.