Detailed answer — can heirs be included, and how?

Yes. In Pennsylvania, if your co-owner (a sibling) died owning an interest in property, that deceased sibling’s ownership interest does not disappear. The interest passes to whoever inherits under the decedent’s will or, if there is no will, under Pennsylvania’s intestacy rules. Those heirs or devisees must be included in a partition action because they hold a legal interest in the same real estate you seek to divide.

How you add them depends on where the decedent’s property interest now sits:

• If the decedent’s estate has been probated: The personal representative (executor or administrator) is the party who usually appears for the decedent’s interest in litigation. Serve the personal representative with the partition complaint. The administrator/executor can represent the estate’s interest and will identify and distribute proceeds to heirs or devisees later through the probate process. For information about Pennsylvania probate and estates, see Title 20 of the Pennsylvania Consolidated Statutes: 20 Pa.C.S. (Decedents, Estates and Fiduciaries).
• If there is no probate opened yet: You must join the people who have the current legal interest. That typically means locating and naming the heirs (people who inherit by intestacy) or the devisees named in a will and serving them with the partition complaint. If heirs are unknown or cannot be located, Pennsylvania procedure allows efforts such as substituted service or publication to give notice to unknown or absent heirs (see the Pennsylvania Rules of Civil Procedure on service and joinder: Pennsylvania Rules of Civil Procedure).
• If the decedent’s interest passed to a living co-owner by right of survivorship: No heirs need to be joined because the property right already transferred automatically (this is common when title is held as joint tenants with right of survivorship).

In short: heirs or an estate representative must be parties if they own the decedent’s share. If you do not join them, a court’s partition and distribution may be incomplete or subject to later challenge.

Step-by-step: how to add heirs to a partition action in Pennsylvania

1. Identify the decedent’s successor(s). Search for a will, check probate records in the county where the decedent lived, or run a title search on the property to see how the decedent held title.
2. If there is an estate (probate): Name and serve the personal representative. The representative acts for the estate in litigation. You can identify the representative through the county Register of Wills or the probate docket.
3. If there is no probate opened: Attempt to identify heirs (spouse, children, parents, siblings, etc.). If you find them, name them in the complaint and effect personal service. If you cannot find some heirs, follow the court’s procedure for substituted service or publication to give the court jurisdiction over the unknown heirs.
4. When minors or incapacitated persons may inherit: The court requires a guardian or guardian ad litem to protect their interests. The guardian must be appointed (or a guardian ad litem named) and served.
5. File the partition complaint correctly: The complaint should describe the property, identify all known owners and claimed owners (including heirs), state the basis for partition, and ask the court to divide or sell the property and order distribution of proceeds.
6. Work with the sheriff or process server: Proper service on each named heir or on the estate representative is necessary to give the court authority to resolve the claim.

Hypothetical example

Fact pattern: You and your sister, Anna, own a house as tenants in common. Anna dies without a will and leaves two children, Ben and Carla. You want a partition.

What to do: Check whether Anna’s estate was opened in the county probate court. If a personal representative was appointed, name and serve that representative in your partition complaint. If no estate exists, identify Ben and Carla, name them as defendants in the complaint, and serve them personally. If you cannot find Carla, ask the court to allow substituted service or publication so the court can proceed and bind unknown or absent heirs.

Practical issues and common complications

• If an heir contests ownership, the court may first require proof of heirship or a determination of title before final distribution.
• Probate can simplify joinder because the estate’s representative can appear for the interests of all heirs, but probate can also delay the partition until estate issues resolve.
• Service by publication or substituted service can add time and cost and will require the court to approve the method under the civil procedural rules.
• If the property has liens or mortgages, those encumbrances must be resolved or the sale proceeds used to pay them before distributing net proceeds.

Helpful hints

• Start with a county title search and a check of the Register of Wills where the decedent lived to find probate filings or a personal representative.
• If you find a probate docket number, name the personal representative in your complaint instead of each heir separately when possible.
• Keep careful records of your efforts to find unknown heirs — courts require proof before allowing service by publication.
• Consider whether partition in kind (dividing the land) is practical. If not, ask for sale and division of proceeds; sales are typically handled by the sheriff or a court-appointed commissioner.
• If minors or incapacitated persons may inherit, request the court appoint a guardian ad litem to protect their interests.
• Talk to a local attorney early if ownership, heirship, or probate status is unclear; errors in party joinder can lead to later relitigation.

Key Pennsylvania law resources

• Pennsylvania consolidated statutes on decedents, estates, and fiduciaries (intestacy, probate, estate administration): 20 Pa.C.S. (Decedents, Estates and Fiduciaries).
• Pennsylvania Rules of Civil Procedure (procedures for service, joinder, and court process): Pennsylvania Rules of Court.

When to consult an attorney

Consult an attorney if you:

• Cannot identify or locate heirs;
• Face conflicting title claims;
• Need help with probate versus direct joinder decisions;
• Expect disputes among heirs (claims of unequal shares, liens, or will contests); or
• Need assistance with notice or substituted service for unknown parties.