The Short Answer

In Pennsylvania, whether other heirs can force you out of a deceased family member’s home depends on who you are in relation to the estate (heir/devisee vs. non-heir), whether an estate is open, and whether the personal representative (executor/administrator) or the Orphans’ Court has authorized a change in possession. Pennsylvania law gives the personal representative broad authority to take possession and administer estate property, but it also recognizes an important exception when an heir or devisee was living in the home with the decedent’s consent at the time of death.

What Pennsylvania Law Says

Two rules often collide in these disputes. First, Pennsylvania generally treats a decedent’s real estate differently than personal property: legal title to real estate typically passes at death to the heirs or devisees, but it remains subject to the estate administration process and court orders. Second, during administration, the executor/administrator may have the right to possess and manage estate property—yet there is a statutory carve-out that can protect an heir/devisee who was already living in the home at the time of death with the decedent’s consent.

The Statute

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

This statute establishes that the personal representative generally has the right to take possession of and administer the decedent’s real and personal property, except for real estate that was occupied at the time of death by an heir or devisee with the decedent’s consent—although the court can still order the personal representative to take possession if necessary to protect others’ rights.

Relatedly, Pennsylvania also provides that legal title to a decedent’s real estate passes at death to heirs or devisees, but subject to the personal representative’s powers and court orders. See 20 Pa.C.S. § 301(b).

Why You Should Speak with an Attorney

Even with the statute, these situations turn on details that can quickly become high-stakes (and emotional). Legal outcomes often depend on:

• Who has legal authority right now: If an executor/administrator has been appointed, they may be the proper party to control possession during administration under 20 Pa.C.S. § 3311—but the “occupied by an heir/devisee with consent” exception can change the analysis.
• Burden of proof and documentation: Disputes often hinge on proving your status (heir/devisee or not), the decedent’s consent to your occupancy, and whether the estate needs the property for debts, expenses, or sale.
• Court orders can override expectations: The Orphans’ Court can direct possession and delivery of possession to a distributee (or require it to be returned) depending on whether claimants or other distributees would be prejudiced. See 20 Pa.C.S. § 3535.

Trying to handle this alone can backfire—especially if family members start threatening lockouts, claiming you are a “tenant,” or pushing a sale. A probate attorney can quickly identify who has standing to act, what court has jurisdiction, and what orders (if any) are needed to protect your housing and your inheritance rights.

If you want more background on related situations, you may find these helpful: executor vs. sibling occupancy disputes and what happens when one heir wants to live there and another wants to sell.

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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.