What steps should I take if someone falsely claims I’ve authorized the sale of an estate property? - Pennsylvania
The Short Answer
If someone is claiming you authorized the sale of estate real estate when you did not, treat it as an urgent title-and-probate issue. In Pennsylvania, the authority to sell estate property generally rests with the properly appointed personal representative (executor/administrator) and must follow the Probate Code and (often) Orphans’ Court oversight—so a false “authorization” can create serious legal exposure and cloud title quickly.
What Pennsylvania Law Says
In Pennsylvania, estate property is administered through the personal representative appointed by the Register of Wills/Orphans’ Court process. Whether a sale is valid often turns on who had authority (letters testamentary/letters of administration), what the will allows, and whether required consents/joinders or court involvement were needed for that particular transaction.
The Statute
The primary law governing an estate representative’s authority to sell is 20 Pa.C.S. § 3351.
This statute establishes that, unless the will provides otherwise, a personal representative may sell estate property in certain circumstances (including real property not specifically devised, and specifically devised real property with the devisee’s joinder), with additional safeguards tied to bonding and handling proceeds.
Why You Should Speak with an Attorney
Even when the law provides a general rule about who can sell estate property, disputes over “authorization” are rarely simple—because the consequences can affect title, the estate’s value, and the rights of heirs and buyers. Legal outcomes often depend on:
- Authority and paperwork: Whether the person pushing the sale actually has valid letters and whether the transaction fits within the authority described in 20 Pa.C.S. § 3351 (and/or requires an Orphans’ Court order).
- Risk of irreversible transfers: Once a deed is recorded or a buyer claims good-faith purchaser status, unwinding the transaction can become harder and more expensive—especially if there are lenders, liens, or subsequent transfers involved.
- Need for court intervention: If a sale is disputed or needs the effect of a judicial sale, the personal representative may need to proceed under an Orphans’ Court order under 20 Pa.C.S. § 3353, and timing can matter if a closing is imminent.
Because a false claim of authorization can quickly turn into a recorded-title problem and a probate litigation problem, it’s smart to have a Pennsylvania probate attorney evaluate the documents, the estate’s posture, and the fastest way to protect the property and the estate.
If you want more background on estate-sale authority issues, you may also find these helpful: Can a Pennsylvania Executor Sell Estate Property (Including Real Estate)? and How Can I Stop a Pennsylvania Estate Administrator From Selling Property Before Probate Is Finished?.
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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.