In most Pennsylvania estates, the executor can sell the house without going to court under 20 Pa.C.S. §3351. If the will specifically leaves the house to one person, that person signs too. “Letters testamentary” or “letters of administration” are papers from the county Register of Wills that show who can sign for the estate. You can call us before you have the letters in hand.
If the executor is not authorized to sell under Pennsylvania law or the will, the executor can ask the county Orphans’ Court for permission under 20 Pa.C.S. §3353. The court decides whether the sale is desirable for the estate’s administration and distribution. A missing signature alone does not mean the court will approve a sale. This court route is less common than people fear, and you can call us before you know which applies.
We help coordinate the sale, but we do not provide legal advice. The title company or a qualified attorney can confirm who has authority to sign for the estate.
Pennsylvania inheritance tax depends on who inherits. The general rates are:
- Spouse: 0%.
- Parent inheriting from a child age 21 or younger: 0%.
- Child age 21 or younger inheriting from a parent who died in 2020 or later: 0%.
- Children, grandchildren, and other direct descendants: 4.5%.
- Brothers and sisters: 12%.
- Most other heirs: 15%.
The inheritance tax is owed from the date of death. Paying within three months takes 5% off; it becomes late after nine months. Some families pay it from the house sale.
Pennsylvania charges a 1% state realty transfer tax on covered transfers, and the local rate varies by municipality. When you sell to us, we pay the closing costs, including Pennsylvania’s realty transfer tax. Mortgage balances, liens, back taxes, and your share of current property taxes are separate.