Legal Question in Real Estate Law in Pennsylvania

Deceased mother's home

My mother has been deceased now for 30 days. There is no will. The deed states the house is to be left to the heirs. My sisters and myself. Two of us want to sell the house and split the proceeds three ways. Can we do this without our other sister agreeing. Do we need to have the house appraised. What steps do we need to take to make the sale happen? Thank you


Asked on 4/24/08, 12:38 pm

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

Re: Deceased mother's home

You should definitely have an estate opened an an administrator appointed. there are many legal issues involved in this matter and you would be well advised to seek legal counsel. If you would like to consult with our office feel free to set up an appointment

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Answered on 4/26/08, 10:41 am
Miriam Jacobson Retired from practice of law

Re: Deceased mother's home

In order to deal with your mother's house, you'll need to probate [open] an estate. When there is no will, this is done by heirs petitioning the Register of Wills for appointment as personal representative of the estate [or one of them petitioning if the others "renounce" their rights to act as personal representative].

Generally, a deed cannot be a substitute for a will. You need to ask an experienced real estate lawyer to review the deed to determine if it can change legal ownership without going through probate.

There are other costs that need to be paid from the estate, including inheritance tax, if applicable. Only after debts and taxes are paid can the heirs share in what is left.

If all of you do not agree on selling the house, you may need a court [Orphans' Court] to decide how to split the estate.

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Answered on 4/24/08, 5:04 pm


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