SUBCHAPTER B
PERSONAL REPRESENTATIVES; POWERS,
DUTIES AND LIABILITIES
Sec.
3311. Possession of real and personal estate; exception.
3312. Renunciation of right to administer property.
3313. Liability insurance.
3314. Continuation of business.
3315. Incorporation of or formation of entity to operate estate's business.
3316. Investment of funds.
3316.1. Set-aside.
3317. Claims against co-fiduciary.
3318. Revival of judgments against personal representative.
3319. Power of attorney; delegation of power over subscription rights and fractional shares;
authorized delegations.
3320. Voting stock by proxy.
3321. Nominee registration; corporate fiduciary as agent; deposit of securities in a clearing
corporation; book-entry securities.
3322. Acceptance of deed in lieu of foreclosure.
3323. Compromise of controversies.
3324. Death or incapacity of fiduciary.
3325. Administrator C.T.A.
3326. Administrator D.B.N. and D.B.N.C.T.A.
3327. Surviving or remaining personal representatives.
3328. Disagreement of personal representatives.
3329. Effect of revocation of letters, probate of will, later will or codicil.
3330. Notice of devise or bequest to corporation or association.
3331. Liability of personal representative on contracts.
3332. Inherent powers and duties.
§ 3311. Possession of real and personal estate; exception.
(a) Personal representative.--A personal representative shall have the right to and shall take possession of, maintain
and administer all the real and personal estate of the decedent, except real estate
occupied at the time of death by an heir or devisee with the consent of the decedent.
He shall collect the rents and income from each asset in his possession until it is
sold or distributed, and, during the administration of the estate, shall have the
right to maintain any action with respect to it and shall make all reasonable expenditures
necessary to preserve it. The court may direct the personal representative to take
possession of, administer and maintain real estate so occupied by an heir or a devisee
if this is necessary to protect the rights of claimants or other parties. Nothing
in this section shall affect the personal representative's power to sell real estate
occupied by an heir or devisee.
(b) Redevelopment authority.--A redevelopment authority granted letters of administration shall have the power to
take, clear, combine or transfer title to real property of the estate as necessary
to return such property to productive use and, upon payment of fair market value of
the property in its current state, to the estate.
(Nov. 29, 2006, P.L.1536, No.171, eff. 60 days)
Notes of Decisions
Cited in
28
cases (
9 in the last 5 years), 2007–2026 · leading case:
In re Est. of Sauers, 32 A.3d 1241 (Pa. 2011).
In re Est. of Sauers, 32 A.3d 1241 (Pa. 2011).
· cites it 3× “In this regard, I agree with Appellant’s position that a personal representative’s authority is circumscribed by statute, see 20 Pa.C.S. § 3311, and generally would not include involvement in the resolution of disputes over non-estate assets, such as the proceeds of life…”
Est. of Gentry v. Diamond Rock Hill Realty, LLC, 111 A.3d 194 (Pa. Super. Ct. 2015).
· cites it 4× “” 20 Pa.C.S. § 3311, cmt. A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent.”
In re the Est. of Bouks, 964 A.2d 4 (Pa. Super. Ct. 2008).
· cites it 5× “-A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent, except real estate occupied at the time of death by an heir or devisee with the consent of the decedent.”
In Re Padezanin, 937 A.2d 475 (Pa. Super. Ct. 2007).
“In support of their position, Appellants rely upon 20 Pa.C.S. § 3311 (emphasis added): (a) Personal representative.”
In Re:Est. of Krasinski, S. Appeal of:Krasinski, 188 A.3d 461 (Pa. Super. Ct. 2018).
“The court may direct the personal representative to take possession of, administer and maintain real estate so occupied by an heir or a devisee if this is necessary to protect the rights of claimants or other parties.”
McDonald v. Wells Fargo Bank, N.A., 374 F. Supp. 3d 462 (W.D. Pa. 2019).
“§ 8302 ) but found she could bring her claims under another Pennsylvania statute ( 20 Pa.C.S. § 3311(a) ). 45 Our Court of Appeals held Liane McDonald could not bring claims on behalf of the Estate under Ohio law.”
In re Est. of Andrews, 92 A.3d 1226 (Pa. Super. Ct. 2014).
“2d 732, 736 (1966) (“primary duty” of estate’s personal representative is “to marshall the assets and to liquidate and terminate as soon as possible”); 20 Pa.C.S. § 3311 (“A personal representative .”
Est. of: Patterson, C. Appeal of: Reid, D. (Pa. Super. Ct. 2024).
· cites it 3× “20 Pa.C.S. § 3311(a). Section 3311(a) provides in relevant part as follows: A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent, except real estate occupied at the time of death…”
In Re: Est. of Unglo, R. Appeal of: Unglo, G. (Pa. Super. Ct. 2016).
· cites it 2× “- 15 - J-A10034-16 On appeal, this Court explained: We are in accord with the [O]rphans’ [C]ourt’s application of 20 Pa.C.S. § 3311 to the facts in question.”
Liane McDonald v. Wells Fargo Bank NA (3rd Cir. 2018).
· cites it 2× “In fact, McDonald has the capacity to bring her claims regarding the vehicle (which is personal property of the decedent) under 20 Pa.C.S. § 3311(a), which explicitly states that “[a] personal representative shall have the right to and shall take possession of, maintain and…”
Est. of: Zupancic, D., Appeal of: Zupancic, A. (Pa. Super. Ct. 2025).
· cites it 2× “5 It is well-established that a personal representative owes a fiduciary duty to collect the assets of the estate and distribute them according to the law and the testator’s intent. See In re Estate of Lorent, No.”
— 20 Pa. Cons. Stat. § 3311(a) — 15 cases
In re Est. of Sauers, 32 A.3d 1241 (Pa. 2011).
“In this regard, I agree with Appellant’s position that a personal representative’s authority is circumscribed by statute, see 20 Pa.C.S. § 3311, and generally would not include involvement in the resolution of disputes over non-estate assets, such as the proceeds of life…”
Est. of Gentry v. Diamond Rock Hill Realty, LLC, 111 A.3d 194 (Pa. Super. Ct. 2015).
“” 20 Pa.C.S. § 3311, cmt. A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent.”
In Re:Est. of Krasinski, S. Appeal of:Krasinski, 188 A.3d 461 (Pa. Super. Ct. 2018).
“The court may direct the personal representative to take possession of, administer and maintain real estate so occupied by an heir or a devisee if this is necessary to protect the rights of claimants or other parties.”
McDonald v. Wells Fargo Bank, N.A., 374 F. Supp. 3d 462 (W.D. Pa. 2019).
“§ 8302 ) but found she could bring her claims under another Pennsylvania statute ( 20 Pa.C.S. § 3311(a) ). 45 Our Court of Appeals held Liane McDonald could not bring claims on behalf of the Estate under Ohio law.”
In re the Est. of Bouks, 964 A.2d 4 (Pa. Super. Ct. 2008).
“-A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent, except real estate occupied at the time of death by an heir or devisee with the consent of the decedent.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.