The Short Answer

In Pennsylvania, until the Register of Wills issues you Letters of Administration, you generally do not have the legal authority to control the decedent’s property or demand that others turn items over to you. The cleanest way to protect the house and its contents is to seek prompt appointment (and, if there is immediate risk of loss, ask for a temporary/limited appointment) so you have clear authority to take possession and preserve estate assets.

What Pennsylvania Law Says

Once a personal representative (executor/administrator) is appointed, Pennsylvania law gives that person the right to take possession of and administer the decedent’s property and to make reasonable expenditures to preserve it. That legal authority is important because family members often disagree about who can enter the home, remove items, or “hold onto” property “for safekeeping” before an estate is opened.

The Statute

The primary law governing control of estate property after appointment is 20 Pa.C.S. § 3311.

This statute establishes that a duly appointed 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 real estate occupied by an heir or devisee), and may take reasonable steps and incur reasonable expenses to preserve estate assets during administration.

If there is a dispute or delay in getting appointed and the estate needs immediate protection, Pennsylvania also allows temporary/limited letters in appropriate circumstances. See 20 Pa.C.S. § 3160 (letters of administration pendente lite, among others), which can be used when circumstances require an interim fiduciary while issues are pending.

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): Without Letters, your ability to control access to the home, demand return of items, or deal with third parties (banks, insurers, movers, storage facilities) is limited. If there’s a real risk of property disappearing, an attorney can evaluate whether a temporary appointment under 20 Pa.C.S. § 3160 is appropriate.
• Burden of proof: If belongings go missing, it can become a factual fight about what was in the home, who removed it, and whether it was a gift, jointly owned, or estate property. Preserving evidence early can be critical.
• Family conflict and exceptions: Real estate possession issues can get complicated quickly if an heir is already living in the home, if there are competing petitions for appointment, or if someone claims they were authorized to take items. These disputes can escalate into Orphans’ Court litigation.

If you’re worried siblings will remove property before you’re appointed, that’s a strong sign you should get counsel involved early to protect the estate and reduce the risk of accusations, retaliation, or irreversible loss.

For more background, you may also find helpful: Can a Family Member Take Estate Property Before Probate Is Finished in Pennsylvania?

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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.