The Short Answer

In Pennsylvania, a “valid lien” on estate real estate is typically one that is actually recorded (or otherwise legally attached) to the property—most commonly a judgment lien or mortgage—rather than a mere claim like a funeral bill or credit-card balance. Before closing, you generally confirm lien status through the county land records and judgment records, and you should require the title company to identify and insure over (or pay off) any liens that must be cleared to deliver marketable title.

What Pennsylvania Law Says

Pennsylvania distinguishes between (1) unsecured debts of the decedent/estate (like many credit cards and some funeral expenses) and (2) liens that legally encumber the real estate (like mortgages and judgment liens). A key issue for estate property is whether a judgment was already a lien at the time of death and how long it continues to bind the property. That distinction matters at closing because recorded liens can follow the property and must be addressed to deliver clear, insurable title.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3382.

This statute establishes that a judgment that was a lien on the decedent’s real estate at death can continue to bind that real estate for a defined period (generally the longer of five years from inception/last revival or one year from death), and after that it does not continue as a lien unless properly revived.

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: Judgment-lien continuation and revival timing can affect whether a lien still binds the property at closing under 20 Pa.C.S. § 3382.
• Burden of Proof: If a co-personal representative is asserting a “lien” based on funeral or credit-card claims, the key question is whether there is actually a recorded lien (or a court order creating/recognizing a charge) versus an unsecured claim that does not automatically attach to the house.
• Exceptions: Priority disputes (mortgage vs. judgments vs. estate administration expenses), title defects, and whether a lien was properly recorded/indexed can change what must be paid at closing and what can be disputed.

In a contested sale—especially with co-fiduciaries in conflict—an attorney can coordinate with the title company, review the docket/recording history, and address whether the claimed “lien” is enforceable against the real estate or should be treated as an estate claim handled through administration. Trying to handle this alone can lead to a failed closing, unexpected payoff demands, or personal-representative liability.

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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.