What happens if someone is squatting in the property before it’s sold and how can we get them removed? - Pennsylvania
The Short Answer
If someone is occupying an estate property without a legal right to be there, it can delay (or derail) a sale and reduce the estate’s value. In Pennsylvania, the executor/administrator (the “personal representative”) generally has the legal authority to take possession of estate real estate and pursue legal action to regain control—but you typically cannot just “self-help” remove an occupant.
What Pennsylvania Law Says
During probate, the personal representative is responsible for protecting estate assets, which includes securing real estate, collecting any rents/income, and taking action when someone is improperly occupying the property. If an occupant refuses to leave, the estate may need a court-ordered remedy (often an eviction/landlord-tenant action or an ejectment-type action, depending on whether there was ever a valid tenancy).
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 heir/devisee occupancy) and has the right to maintain actions related to estate property during administration.
Related reading: Can a Pennsylvania Executor Remove a Sibling Who Refuses to Move Out of an Inherited Home? and Can I remove (evict) a family member from an inherited home in Pennsylvania if they receive mail there?.
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: A pending sale, insurance requirements, and court scheduling can create time pressure—waiting too long can cost the estate money or cause a buyer to walk.
- Burden of Proof: The estate may need to prove who has (or does not have) a right to occupy (e.g., no lease, no permission, no ownership interest), and document the estate’s authority (letters testamentary/administration).
- Exceptions: Pennsylvania law recognizes an exception when real estate was occupied at death by an heir or devisee with the decedent’s consent, which can change the strategy and the court process. See 20 Pa.C.S. § 3311.
Trying to handle this alone can lead to unlawful lockouts, escalation, or a case being dismissed—creating more delay and expense for the estate.
Get Connected with a Pennsylvania Attorney
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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.