The Short Answer

In Pennsylvania, you generally cannot remove an “unauthorized” occupant from an inherited home by changing locks or shutting off utilities. If the person will not leave voluntarily, removal typically requires a court order—often through an ejectment or other possession action—and the right party to bring that case may be the estate’s personal representative (executor/administrator) while the estate is being administered.

What Pennsylvania Law Says

When a property owner (or an estate) needs someone removed from real estate, Pennsylvania law generally expects the dispute to be resolved through the courts, not self-help. In an inherited-home situation, a key threshold issue is who has legal authority to control the property right now—an heir/devisee individually, or the estate through its personal representative—because that affects who can demand possession and file suit.

The Statute

The primary law governing an estate representative’s authority over a decedent’s property is 20 Pa.C.S. § 3311.

This statute establishes that the personal representative has the right to take possession of, maintain, and administer the decedent’s real and personal estate during administration (with a limited exception for real estate occupied at death by an heir or devisee with the decedent’s consent), including the right to maintain actions relating to that property.

If the person in the home is not an heir/devisee with a lawful right to be there (or is there without the estate’s consent), the estate’s representative often has the strongest legal footing to demand possession and pursue a court-ordered removal.

For more Pennsylvania-specific context, you may also find helpful: removing a squatter before selling probate property and whether an executor can remove a sibling who refuses to move out.

Why You Should Speak with an Attorney

Even when the law is on your side, removing an occupant from an inherited house can turn into a high-risk situation quickly—especially if there is property damage, disputed permission to live there, or family conflict. Legal outcomes often depend on:

• Authority and standing: Whether you have letters testamentary/administration and whether 20 Pa.C.S. § 3311 places possession/control with the personal representative (and whether an exception applies).
• Choosing the right court path: “Eviction” (landlord-tenant) procedures may not fit if there is no true lease/tenancy. Many inherited-property disputes require an ejectment/possession action in the proper court, and filing the wrong type of case can cause delay.
• Damage and emergency relief: If there is ongoing damage, you may need fast court intervention (and careful evidence preservation) rather than informal confrontation that could escalate or backfire.
• Title and long-term risk: Delays and unclear possession can create leverage for the occupant and complicate sale/distribution. Pennsylvania also recognizes adverse possession concepts after long periods in certain circumstances (see, e.g., 42 Pa.C.S. § 5527.1), making it important to address unauthorized occupancy promptly and correctly.

Trying to handle this alone can lead to allegations of illegal lockout, missed opportunities for emergency court protection, or a case being dismissed because the wrong party filed it. A Pennsylvania probate attorney can coordinate the estate authority issues with the correct possession strategy and help protect the property while the case is pending.

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.