The Short Answer

In Pennsylvania, the person with legal authority to collect and control a deceased person’s property—including checks that are estate assets—is typically the court-appointed personal representative (executor or administrator) who has been issued letters testamentary or letters of administration. If a check was misdelivered to the decedent’s former address, the current occupant is generally right to return it to the sender rather than hand it over to a relative.

What Pennsylvania Law Says

When someone dies, not every family member automatically has authority to take possession of the decedent’s property or handle incoming payments. Pennsylvania law places that responsibility on the estate’s personal representative, who is accountable to the court and beneficiaries and must gather estate assets, safeguard them, and administer them properly.

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 during estate administration, including collecting income and taking actions needed to preserve estate property.

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 Authority Requirements: Many payors (banks, insurers, employers) will not reissue or negotiate a check unless the requester can prove authority with court-issued letters—especially if the check is payable to the decedent or “the estate.”
• Burden of Proof: If a check is lost, returned, or cashed improperly, the estate may need documentation showing who was entitled to it, who had authority to request a replacement, and whether the funds are estate property or belong to a beneficiary directly.
• Exceptions and Ownership Questions: Whether a check is an estate asset or belongs to a specific person can depend on how it is made payable, the underlying obligation (refund, wages, distribution), and whether probate is open and a fiduciary is appointed.

In your scenario, where a check intended for a relative was sent to the decedent’s former address and the current occupant will only return mail to sender, an attorney can help determine who should request reissuance, what proof of authority is needed, and how to avoid allegations of improper handling of estate property.

For more background, you may also find these helpful: executor responsibilities during probate in Pennsylvania and depositing a check payable to a deceased person 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.