Usually yes — but not always. How the property was titled decides everything.
Usually yes — but there are real exceptions. A home titled only in the name of the person who died generally has to go through probate before it can be sold. But if the property was owned jointly with right of survivorship (or by a married couple as tenants by the entireties), it passes automatically to the survivor. If it was in a living trust, the trust controls it. And very small estates have a simplified process. Here is how to figure out which situation you are in.
Pull the current deed. If it names two people “as tenants by the entireties” or “with right of survivorship” and one of them is still living, the property likely passed to that survivor and can be sold without probate. If it names only the person who died, or names co-owners “as tenants in common,” you will almost certainly need to open an estate to sell. When in doubt, a probate attorney confirms it in one conversation.
If probate is required, that is not a reason to panic or to dump the property to a cash buyer. Opening the estate and getting your Letters is routine, and you can list the property once you have them — you do not wait for the estate to close. See how long probate takes.
Usually, if the home was titled only in the name of the person who died. But not always -- property owned jointly with right of survivorship, held in a living trust, or covered by a valid life estate can pass without full probate, and very small estates have a simplified process.
Property owned by a married couple as tenants by the entireties, or by any co-owners as joint tenants with right of survivorship, passes automatically to the survivor. Property held in a living trust is controlled by the trust, not probate. These can often be sold without opening an estate.
Under Pennsylvania law, title to real estate passes to the heirs at the moment of death, but it stays subject to the personal representative's power to sell it to pay debts, taxes, and expenses. In practice you cannot close until the public record clearly shows the property moved from the person who died to whoever is signing the deed.
Typically a certified death certificate, your Letters Testamentary or Administration, the existing deed, a certified copy of the will if there is one, and clearance of the PA inheritance-tax lien plus payoff of any mortgage or other liens.
A free, no-pressure conversation about the estate’s property and your options.
Talk to Aaron