SUBCHAPTER C
SALES, PLEDGES, MORTGAGES, LEASES,
OPTIONS AND EXCHANGES
Sec.
3351. Power to sell.
3352. Power to lease.
3353. Order of court.
3354. Power given in governing instrument.
3355. Restraint of sale.
3356. Purchase by personal representative.
3357. Title of purchaser.
3358. Collateral attack.
3359. Record of proceedings; county where real estate lies.
3360. Contracts, inadequacy of consideration or better offer; brokers' commissions.
§ 3351. Power to sell.
Except as otherwise provided by the will, if any, the personal representative may
sell, at public or private sale, any personal property whether specifically bequeathed
or not, and any real property not specifically devised, and with the joinder of the
specific devisee real property specifically devised. When the personal representative
has been required to give a bond, no proceeds of real estate, including proceeds arising
by reason of involuntary conversion, shall be paid to him until the court has made
an order excusing him from entering additional security or requiring additional security,
and in the latter event, only after he has entered the additional security.
(Dec. 10, 1974, P.L.867, No.293, eff. imd.)
Notes of Decisions
In Re:Est. of Krasinski, S. Appeal of:Krasinski, 188 A.3d 461 (Pa. Super. Ct. 2018).
· cites it 2× “20 Pa.C.S. § 3351 (emphasis added). Furthermore, Section 3357(a) provides, in relevant part: If the personal representative has given such bond, if any, as shall be required in accordance with this title, any sale, mortgage, or exchange by him, whether pursuant to a decree or to…”
Maier v. Henning, 578 A.2d 1279 (Pa. 1990).
· cites it 4× “The Probate, Estate and Fiduciaries Code, 20 Pa.C.S. § 3351, which defines the power of an executor to sell specifically devised real property, imposes a requirement that the devisee join in the sale only under certain circumstances.”
In Re Est. of Hughes, 538 A.2d 470 (Pa. 1988).
“20 Pa.C.S. § 3351. 6 In conclusion, one of the most frequent areas of dispute amongst heirs concerns the valuation of assets.”
Maier v. Henning, 548 A.2d 1266 (Pa. Super. Ct. 1988).
· cites it 3× “In reaching this conclusion the Court held that the Devisees by their inaction and failure to object to the Petition for Leave to Sell at Private Sale had acquiesced and joined in such sale in accordance with the provisions of Section 3351 of the Probate, Estates and Fiduciaries…”
In re Est. of Peterson, 649 A.2d 1007 (Pa. Commw. Ct. 1994).
“) 20 Pa.C.S. § 3351. . The costs incident to the sale of the specifically devised real estate consisted of the real estate commission, the cost of lien letters, a settlement fee, and a one per cent (1%) transfer tax.”
In Re: Est. of Ellesmere Farrell (Pa. Super. Ct. 2015).
· cites it 2× “20 Pa.C.S. § 3351. The heirs, with all things being equal, were not entitled to notice before the sale.”
Est. of W.E., Appeal of: Zandieh, A., 2024 Pa. Super. 147 (Pa. Super. Ct. 2024).
“- 24 - J-A08007-24 20 Pa.C.S. § 3351. The import of these provisions is that Decedent’s administrators had the right to possess, maintain, and administer the Property prior to its distribution to Langston, and also the right to sell it with Langston’s joinder, but lacked the…”
In re Est. of Eiswert, 38 Pa. D. & C.5th 496 (2014).
“20 Pa. C.S. § 3351. He acted with prudence and caution.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.