Pa. Cons. Stat. » 20 Pa. Cons. Stat. (DECEDENTS) / Chapter 3
Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 301 (2026)

  Title to real and personal estate of a decedent.

✓ current as of May 2026
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CHAPTER 3

OWNERSHIP OF PROPERTY; LEGAL TITLE AND

EQUITABLE ESTATE

 

Sec.

301.  Title to real and personal estate of a decedent.

302.  Title to real and personal estate of an incapacitated person.

303.  Title to real and personal estate of a minor.

304.  Application of payments made to fiduciaries.

305.  Right to dispose of a decedent's remains.

 

Enactment.  Chapter 3 was added June 30, 1972, P.L.508, No.164, effective July 1, 1972.

§ 301.  Title to real and personal estate of a decedent.

(a)  Personal estate.--Legal title to all personal estate of a decedent shall pass at his death to his personal representative, if any, as of the date of his death.

(b)  Real estate.--Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court.

Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 1975–2024 · leading case: Moore v. Keller, 98 A.3d 1 (Pa. Commw. Ct. 2014).
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Moore v. Keller, 98 A.3d 1 (Pa. Commw. Ct. 2014). · cites it 2× “Appellant contends that a devisee acquires legal title to specifically devised real property at the death of the testator subject to the powers of the personal representative under the Probate, Estate and Fiduciaries Codes, 20 Pa.C.S. § 301(b). She asserts that until…”
In Re:Est. of Krasinski, S. Appeal of:Krasinski, 188 A.3d 461 (Pa. Super. Ct. 2018). “20 Pa.C.S. § 301(b) (emphasis added). In this regard, as discussed above, the Executor had the authority to sell the Decedent's real estate, which was not specifically devised, pursuant to Sections 3311(a) and 3351 of the PEF Code.”
In re Est. of Strahsmeier, 54 A.3d 359 (Pa. Super. Ct. 2012). “Treasury Department was not notified in a timely manner of Decedent’s death, when Treasury Bill *H20 reached maturity it was deposited to the account of record, the ITF Account.”
Maier v. Henning, 578 A.2d 1279 (Pa. 1990). · cites it 2× “The Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 301(b), provides that "[l]egal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by…”
Est. of Gentry v. Diamond Rock Hill Realty, LLC, 111 A.3d 194 (Pa. Super. Ct. 2015). “§ 3311(a); see also 20 Pa.C.S. § 301 (“Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by the will and to all orders of the court.”
Bradley v. Zoning Hearing Bd. of New Milford, 63 A.3d 488 (Pa. Commw. Ct. 2013). “See Section 301(b) of the Probate, Estates and Fiduciaries Code (Code), 20 Pa.C.S. § 301(b) (“Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code…”
Borough of Elizabeth v. Aim Sher Corp., 462 A.2d 811 (Pa. 1983). “20 Pa.C.S. § 301(b) (1975). -2- Appellant also argues that the lower court erred in concluding that appellee was a subsequent bona fide purchaser without actual or constructive notice of Mrs.”
In re Est. of Peterson, 649 A.2d 1007 (Pa. Commw. Ct. 1994). “See Section 301(b) of the Probate, Estates and Fiduciaries Code (Code), 20 Pa.C.S. § 301(b); 20 Pa.C.S. § 102 (personal representative means an executor or administrator of any description).”
In Re: Est. of V.S., Appeal of: A.S. (Pa. Super. Ct. 2023). · cites it 3× “Sanders relies upon 20 Pa.C.S. § 301(b), which provides that “[l]egal title to all real estate of a decedent shall pass at [her] death to [her] heirs or devisees[.”
Maier v. Henning, 548 A.2d 1266 (Pa. Super. Ct. 1988). “20 Pa.C.S. § 301. Unless the Petition for Leave to Sell Real Estate, presented on October 29, 1981, could operate to divest the Devisees of their already acquired interest under the will, the deed of January 22, 1982 from the Executors to the Hennings could only transfer that…”
Metro Bank v. Howard, D., Jr. (Pa. Super. Ct. 2018). · cites it 2× “- 13 - J-A04016-18 the parties agreed that Appellee would not challenge the transfer of the property to Appellant; (7) Appellant’s transfer of the property to himself should be allowed pursuant to 20 Pa.C.S. § 301(b);15 (8) Appellant had standing as a direct heir of the estate…”
Core, G. v. Branch, N. (Pa. Super. Ct. 2024). “§ 301(b) (“Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by the will and to all orders of the court”).”
Show all 20 citing cases →
— 20 Pa. Cons. Stat. § 301(a) — 1 case
In re Est. of Strahsmeier, 54 A.3d 359 (Pa. Super. Ct. 2012). “Treasury Department was not notified in a timely manner of Decedent’s death, when Treasury Bill *H20 reached maturity it was deposited to the account of record, the ITF Account.”
— 20 Pa. Cons. Stat. § 301(b) — 15 cases
Moore v. Keller, 98 A.3d 1 (Pa. Commw. Ct. 2014). “Appellant contends that a devisee acquires legal title to specifically devised real property at the death of the testator subject to the powers of the personal representative under the Probate, Estate and Fiduciaries Codes, 20 Pa.C.S. § 301(b). She asserts that until…”
In Re:Est. of Krasinski, S. Appeal of:Krasinski, 188 A.3d 461 (Pa. Super. Ct. 2018). “20 Pa.C.S. § 301(b) (emphasis added). In this regard, as discussed above, the Executor had the authority to sell the Decedent's real estate, which was not specifically devised, pursuant to Sections 3311(a) and 3351 of the PEF Code.”
Maier v. Henning, 578 A.2d 1279 (Pa. 1990). “The Probate, Estates and Fiduciaries Code, 20 Pa.C.S. § 301(b), provides that "[l]egal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code and lawfully by…”
Bradley v. Zoning Hearing Bd. of New Milford, 63 A.3d 488 (Pa. Commw. Ct. 2013). “See Section 301(b) of the Probate, Estates and Fiduciaries Code (Code), 20 Pa.C.S. § 301(b) (“Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this code…”
Borough of Elizabeth v. Aim Sher Corp., 462 A.2d 811 (Pa. 1983). “20 Pa.C.S. § 301(b) (1975). -2- Appellant also argues that the lower court erred in concluding that appellee was a subsequent bona fide purchaser without actual or constructive notice of Mrs.”
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