Selling a House in Probate in Northeast PA, County by County
When the owner has died, the house can't be sold until the right person has the power to sign. Here is how that works in Pennsylvania, what each county's Register of Wills asks for, and where inheritance tax fits in.
By Jake Arnold, FounderPublished 11 min readSources checked and linked
In this guide
3 weeks
the grant of letters is advertised in a local newspaper and the county legal journal
3 months
to send the Rule 10.5 notice to heirs, and to pay inheritance tax with the 5% discount
9 months
after the death, unpaid Pennsylvania inheritance tax becomes delinquent
1 year
after the letters are fully advertised, a creditor can still come forward against money already paid to the heirs
Who can sign the deed
A house whose owner has died is still in that person's name. Before anyone can sell it, someone needs the legal power to sign for them, or the house has to have passed to a surviving owner.
In most cases that person is the personal representative of the estate. If the will names an executor, the Register of Wills grants them letters testamentary. If there's no will, or the named executor can't serve, the Register grants letters of administration to an administrator, in the order set by 20 Pa.C.S. § 3155: people who inherit the remainder under a will, then the surviving spouse, then the heirs the Register judges best able to handle the estate. Others who could serve can sign a renunciation so the family's choice is appointed.
The proof of letters that title companies and banks ask for is a short certificate from the Register. Luzerne County puts it plainly: “The only way to obtain a short certificate is to open an estate” (Luzerne County FAQ).
| How the house was owned | Who signs the deed | What the title company will want |
|---|---|---|
| In the owner's name alone, with a will | The executor named in the will | Letters testamentary (a short certificate), the death certificate, and the inheritance tax status |
| In the owner's name alone, no will | An administrator appointed by the Register of Wills | Letters of administration, the list of heirs, and the inheritance tax status |
| Owned by a married couple, one has died | Usually the surviving spouse, without an estate for the house | The death certificate. Property owned jointly by spouses is exempt from inheritance tax |
| Owned with someone else, with survivorship rights | The surviving owner | The death certificate, and proof the inheritance tax on the deceased owner's share was handled |
| Owned with others, without survivorship | The living owners, plus the deceased owner's personal representative for their share | Letters for the deceased owner's estate and the tax on their share |
| The owner died years ago and nobody opened an estate | Usually a personal representative, once someone opens the estate. With no will, some title companies accept a deed signed by all the heirs | Everything above, plus late inheritance tax, which may be held back at closing |
Two things that don't work for a house. Pennsylvania's small estate shortcut covers up to $50,000 of property “exclusive of real estate,” so it can't transfer a house (20 Pa.C.S. § 3102). And Pennsylvania doesn't have transfer-on-death deeds yet: a bill to create them, House Bill 2124, passed the House in October 2026 and is waiting in the Senate.
Most executors don't need a bond. Under 20 Pa.C.S. § 3174, an executor who lives in Pennsylvania and is named in the will doesn't need one, and neither does a Pennsylvania resident who is the only heir or was chosen by all the adult heirs, unless the will or the court requires it.
From letters to closing
The estate doesn't have to be finished before the house is sold. Once letters are granted, the sale can run alongside everything else.
Right away
1Right away
Gather the papers
The original will (not a copy), an original death certificate, photo ID for the person who will serve, an estimate of what the estate is worth, and a typed petition for letters. Without a will, bring signed and notarized renunciations from the others who could serve.Luzerne County and Lackawanna County Register of Wills
At the probate appointment
2At the probate appointment
Probate appointment and letters
The executor or administrator takes an oath, pays the fee, and gets letters and short certificates. From this point they can sign a sales agreement for the house.20 Pa.C.S. § 3155
3 weeks in a row, starting right away
33 weeks in a row, starting right away
Advertise the letters
The grant of letters runs once a week for three weeks in a newspaper near where the owner lived and in the county legal journal, asking creditors to come forward.20 Pa.C.S. § 3162
Within 3 months of letters
4Within 3 months of letters
Notify the heirs
The personal representative sends notice to everyone named in the will, the spouse and children, and the heirs, then files a certification with the Register of Wills within 10 days.Orphans' Court Rule 10.5
Any time after letters
5Any time after letters
Sign the sale and close
The personal representative signs the agreement and the deed. The title company checks the estate records, pays off any mortgage and liens, and settles the inheritance tax question at closing.20 Pa.C.S. § 3351
3 months for the discount, 9 months before it's late
63 months for the discount, 9 months before it's late
Inheritance tax
The return is filed with the county Register of Wills, which collects the tax for the state. Paying within three months of the death earns a 5% discount.Pennsylvania Department of Revenue
1 year after the letters are fully advertised
71 year after the letters are fully advertised
Creditors' year ends
A personal representative who pays the heirs before then does it at their own risk: a creditor whose claim becomes known within that year can still look to them for it. Mortgages and other liens recorded on the house are paid off from the sale either way.20 Pa.C.S. §§ 3381 and 3532
Your county's Register of Wills
Every county runs its own Register of Wills, and most of them in Northeast PA see you by appointment. The same office files the inheritance tax return. Call before you go.
| County | Where | How to get letters |
|---|---|---|
| Lackawanna | 123 Wyoming Ave., 5th floor, Scranton. 570-963-6702 | By appointment only. A typed petition and the original will are required, and fees are paid at filing. |
| Luzerne | Courthouse Annex, 153 N. River St., Wilkes-Barre (mail goes to the courthouse at 200 N. River St.). 570-825-1672 or 570-825-1646 | By appointment. The executor must come in person. Letters cost $260 for an estate of $100,000 to $200,000, and a short certificate $5. |
| Columbia | Register and Recorder's Office, 35 W. Main St., Bloomsburg. 570-389-5632 | Wills and deeds are handled in the same office. Call ahead. |
| Schuylkill | 401 N. 2nd St., Pottsville. 570-628-1377 | Call for an appointment before you go. |
| Northumberland | Register and Recorder, 201 Market St., 1st floor, Sunbury | By appointment at 570-988-4985, in person on Tuesdays and Thursdays. Probate by Zoom is also accepted. |
| Monroe | One Quaker Plaza, Room 106, Stroudsburg. 570-517-3347 | In person by appointment, or by video. Letters cost $110 for an estate of $75,000 to $100,000, plus $50 for each added $100,000, and a short certificate $5. |
| Carbon | 4 Broadway, Jim Thorpe. 570-325-2261 | Call for an appointment; appointments come before walk-ins. |
| Wayne | Courthouse Annex, 925 Court St., Honesdale. 570-253-5970 ext. 4040 | No probates are taken after 4 p.m. |
| Pike | 506 Broad St., Milford. 570-296-3508 | The petition for probate and renunciation forms are on the county's page. |
| Wyoming | 1 Courthouse Square, Tunkhannock. 570-996-2361 | The Register and Recorder is one office. Call for current fees. |
| Susquehanna | 31 Lake Ave., Montrose. 570-278-4600 | Bring the exact fee; inheritance tax is paid by cash or check to “Register of Wills, Agent.” |
Inheritance tax and the sale
Inheritance tax doesn't stop a house from selling. But the title company won't ignore it, and unpaid tax can hold up part of the money at closing.
| Who inherits | Rate |
|---|---|
| A surviving spouse, or a parent from a child 21 or younger | 0% |
| Children, grandchildren and other lineal heirs | 4.5% |
| Brothers and sisters | 12% |
| Everyone else, other than charities and exempt institutions | 15% |
The return is filed with the county Register of Wills, which collects the tax for the state. Lackawanna County's probate packet says to file it in duplicate there within nine months (Lackawanna County probate packet).
When a house sells before the tax is settled, title companies we work with handle it in one of two ways. Either the estate shows the return listing the house and the state's notice of appraisement, or the title company holds part of the sale proceeds in escrow until it does. The holdback is figured from the deceased owner's share of the house, the heir's tax rate and a cushion for interest, and it's released once the tax is paid. Unpaid inheritance tax is a lien on the house from the date of death (Stewart Title's Pennsylvania liens chart), which is why a title company still asks about a death from years ago.
Transfer tax works differently. A deed from the estate to an heir, for nothing, is excluded from Pennsylvania realty transfer tax (61 Pa. Code § 91.193). A sale from the estate to a buyer is an ordinary sale, so transfer tax is paid at closing like any other. Our cash offer guide shows how it figures into the price.
Selling in the first year
Families often ask whether they have to wait a year to sell. Pennsylvania law doesn't make you wait, but the first year shapes how the money is handled.
Unless the will says otherwise, a personal representative can sell real estate without a court order (20 Pa.C.S. § 3351). If the will leaves the house to a specific person, that person has to join the sale. A court order is needed when the will takes away the power to sell, or when the sale needs the effect of a court-ordered sale (§ 3353). The personal representative can also take possession of the house, except one that an heir was living in with the owner's consent, and keeps the power to sell either way (§ 3311).
What the first year does affect is paying people. A sale by a personal representative gives the buyer the owner's full title, free of the owner's debts other than the liens already recorded against the house, which are paid at closing (§ 3357). So the sale doesn't have to wait for the creditors. The money does. A personal representative who pays the heirs before the creditors are settled does it at their own risk, and stays answerable to a creditor whose claim becomes known within a year after the letters were first fully advertised (§ 3532). That's why estate attorneys often keep the sale money in the estate account until that year is up, pay the bills and the tax, and then divide what's left. The sale itself can close long before that.
One catch for a personal representative who had to post a bond: the proceeds of the house can't be paid to them until the court rules on whether more security is needed (§ 3351). Tell the title company about a bond early.
If nobody ever opened an estate, the one-year mark matters in a different way. Legal title to a house passes to the heirs when the owner dies (§ 301), and once a year has gone by with no letters granted, a buyer who pays the heirs for the house takes it free of the owner's old debts, other than liens that were already on the house (§ 3385). When the owner left no will and it has been a long time, title companies customarily insure a sale signed by all the heirs (Stewart Title's Pennsylvania manual), with the inheritance tax paid or held back. Many still ask for an estate to be opened first, so ask the title company which it needs before you plan around either.
The mortgage and the empty house
While the estate is open, someone still has to keep the house paid for, insured and safe.
A mortgage doesn't come due just because the borrower died. Federal law bars a lender from calling the loan on a home of fewer than five units when it passes to a relative because of the borrower's death, or when a spouse or child becomes an owner (12 U.S.C. § 1701j-3(d)). Once the servicer confirms an heir as a “successor in interest,” that heir is treated as a borrower under federal servicing rules and can get account information and loss-mitigation options (12 CFR 1024.30). Keep paying if you can; a sale pays the loan off at closing.
- Call the homeowner's insurance company, tell them the owner died, and ask what they need while the house is empty.
- Keep the heat on in winter and have someone check the house every week.
- Keep paying the property taxes. Unpaid county taxes lead to a tax sale on the county's own schedule.
- Don't throw out papers. Bills, bank statements and the deed help the estate and the title company.
- Take photos of the house before anything is moved or cleaned out.
- Ask your estate attorney before giving anything away or clearing the house.
For taxes already behind, see how Pennsylvania tax sales work; if the mortgage is in foreclosure, see sheriff sales in Northeast PA. If the house is full of belongings, our guide to selling a house full of stuff covers who can legally clear it out. And if there are judgments, tax liens or a second loan on the house, see how liens get paid off at closing.
Four ways to sell a house from an estate
The right path depends on the house, the heirs and how long the estate can carry the costs.
List it with an agent
- Widest pool of buyers
- Best for
- A house in good shape, heirs who agree, and an estate that can carry the costs for a few months.
- Watch out
- Cleanout, repairs and months of taxes, insurance and utilities come out of the estate first.
Deed it to an heir
- No transfer tax on the estate deed
- Best for
- One heir who wants the house, or heirs who agree one of them should take it.
- Watch out
- Inheritance tax is still owed, and the heir takes on the costs and any mortgage.
Rent it out while the estate is open
- Income while you wait
- Best for
- A house that's ready to rent and an estate that will stay open a while.
- Watch out
- The estate becomes a landlord, and a tenant changes who can buy the house later.
What we do
Sell as-is to us
- No cleanout
- Cash
- Your closing date
- Best for
- Heirs who live far away, a house that needs work, or an estate that wants a sure closing date.
- Watch out
- Our price is based on the house as-is, so compare our written offer with your other options.
When letters are in hand, we can close in 7 days or sooner if the estate needs it, and the walkthrough number already accounts for what nobody can see. See how we buy inherited houses and our Cash, Cash+ and Max Cash options. If the rented route appeals, our guide to selling with a tenant in place explains how a lease changes a later sale.
Questions families ask
Can you sell a house in Pennsylvania before probate is finished?
Yes. Once the Register of Wills grants letters, the executor or administrator can sign a sales agreement and a deed. Pennsylvania law lets them sell the house without a court order unless the will says otherwise. Probate doesn't have to be closed out first.
Who signs the deed when the owner has died?
The personal representative: the executor named in the will, or an administrator appointed by the Register of Wills if there's no will. If the house was owned with a spouse or a joint owner with survivorship rights, the surviving owner signs instead. Heirs can't sign for the estate on their own without letters.
Do all the heirs have to agree to the sale?
Not usually. Under 20 Pa.C.S. § 3351 the personal representative can sell real estate without the heirs joining, unless the will says otherwise or the house was left to a specific person in the will. In that case that person has to join the sale. Heirs still get notice of the estate and a share of the money.
How long does it take to get letters in Northeast PA?
Most of the wait is for the probate appointment. Lackawanna, Luzerne, Northumberland, Monroe and Carbon County ask you to book one, and Monroe and Northumberland also take probates by video. Bring every paper on the county's list so the visit isn't wasted, and call your county's office first.
When is Pennsylvania inheritance tax due on a house?
Inheritance tax is due at death and becomes delinquent nine months after the date of death. If it's paid within three months, there's a 5% discount. The return is filed with the county Register of Wills. If the tax hasn't been paid when the house sells, the title company may hold back part of the proceeds until it is.
Is there transfer tax when an estate sells a house?
A deed from the estate to an heir who inherits under the will or by law, for no money, is excluded from Pennsylvania realty transfer tax. A sale from the estate to a buyer is a normal sale, so transfer tax is paid at closing the same way as any other sale.
What if the owner died years ago and nobody opened an estate?
You can still sell. If the person who died was the only owner, someone usually has to open the estate so a personal representative can sign, though with no will some title companies accept a deed signed by all the heirs. If a co-owner with survivorship rights is still living, that owner can sign. Either way, inheritance tax that was never paid is now late and may be held back from the proceeds. We've closed sales like that in Hazle Township and Swoyersville. Expect the title company to ask about the will, the heirs and the tax before closing.
Sources
Checked November 9, 2026. Laws, fees, programs and dates change, so confirm with the office listed before you rely on them.
- 20 Pa.C.S. § 3155, persons entitled to letters · Pennsylvania General Assembly
- 20 Pa.C.S. § 3162, advertising the grant of letters · Pennsylvania General Assembly
- 20 Pa.C.S. § 3174, when a bond is required · FindLaw
- 20 Pa.C.S. § 3102, small estates · Justia
- 20 Pa.C.S. § 3311, possession of real estate · FindLaw
- 20 Pa.C.S. § 3351, power to sell real estate · FindLaw
- 20 Pa.C.S. § 3353, when a court order is needed · Justia
- 20 Pa.C.S. § 3357, title of a buyer from the personal representative · FindLaw
- 20 Pa.C.S. § 3385, claims against real estate sold by the heirs · FindLaw
- 20 Pa.C.S. § 3532, paying heirs at the personal representative's risk · FindLaw
- 20 Pa.C.S. § 301, title to a decedent's real estate · Justia
- Pennsylvania underwriting manual 4.04.25, decedent's estates (full text needs a Stewart account) · Stewart Title Guaranty Company
- Pennsylvania liens: duration and priority chart · Stewart Title Guaranty Company
- Orphans' Court Rule 10.5, notice to beneficiaries and heirs · Cornell Legal Information Institute
- 61 Pa. Code § 91.193, excluded transfers · Cornell Legal Information Institute
- Inheritance tax · Pennsylvania Department of Revenue
- Lackawanna County probate packet · Lackawanna County Register of Wills
- Opening an estate · Luzerne County Register of Wills
- Register of Wills fees, effective Nov. 17, 2025 · Luzerne County
- Register of Wills fee bill, effective Nov. 17, 2025 · Monroe County
- 12 U.S.C. § 1701j-3, due-on-sale exceptions · Justia
- 12 CFR 1024.30, successors in interest · Consumer Financial Protection Bureau
- House Bill 2124 of 2026, transfer-on-death deeds (status) · FastDemocracy
- North Penn Legal Services · Pennsylvania Legal Aid Network
This guide is general information about selling a house from an estate in Pennsylvania, not legal or tax advice. Every estate is different; talk with a Pennsylvania estate attorney before you sign a sales agreement or file a tax return. North Penn Legal Services (877-953-4250) may be able to help with free civil legal aid, and the Pennsylvania Bar Association's Lawyer Referral Service is at 800-932-0311, option 2 (PBA). That service covers 47 of Pennsylvania's 67 counties; in the others, ask your county bar association.
Some statute text was read on public legal databases and should be confirmed against the official Pennsylvania code. County fees and hours change; confirm them with the office. House Buying Solutions PA buys houses; we are not a law firm.
Keep reading
More Northeast PA seller guides
Related local pages
- Sell an inherited houseHow we buy inherited houses as-is, with the contents and with several heirs.
- Pennsylvania inheritance taxRates, deductions and an example of the math on a house.
- We buy houses in Luzerne CountyWilkes-Barre, Hazleton, Pittston and the towns between.
- We buy houses in Lackawanna CountyScranton, Carbondale, Dunmore and our home office in Archbald.
- We buy houses in ScrantonThe Scranton houses we've bought, before-and-after photos and a direct offer.
- We buy houses in Wilkes-BarreThe Wilkes-Barre houses we've bought, project photos and a direct offer.
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Settling an estate with a house in it?
Tell us the address and where you are with the Register of Wills. We'll walk through the house, give you a number at the appointment, and work with your estate attorney and the title company on the paperwork.