Pa. Cons. Stat. » 20 Pa. Cons. Stat. (DECEDENTS) / Chapter 83
Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 8301 (2026)

 Powers of court to authorize sale, etc. of real property.

✓ current as of May 2026
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CHAPTER 83

INALIENABLE PROPERTY

 

Sec.

8301.  Powers of court to authorize sale, etc. of real property.

8302.  Venue where real property is wholly in one county.

8303.  Venue where real property is in more than one county.

8304.  Procedure.

8305.  Sale of real property subject to future inalienable interests; disposition of proceeds.

8306.  Title of purchaser.

 

Enactment.  Chapter 83 was added December 10, 1974, P.L.867, No.293, effective immediately.

Prior Provisions.  Similar provisions were formerly contained in Chapter 82 of this title.

§ 8301.  Powers of court to authorize sale, etc. of real property.

The court of common pleas, operating through its appropriate division, may authorize the sale, mortgage, lease or exchange of real property or grant declaratory relief with respect to real property:

(1)  Where the legal title is held:

(i)  by a person whose spouse is an incapacitated person, or has abandoned him or her for one year, or has been absent in circumstances from which the law would presume his or her decease;

(ii)  by a tenant of an estate by entireties, when the other tenant of such estate has been absent in circumstances from which the law would presume his or her decease;

(iii)  by corporations of any kind having no capacity to convey, or by any unincorporated association;

(iv)  by any religious, beneficial, or charitable society or association, incorporated or unincorporated, whose title is subject to forfeiture if real property is held in excess of the amount authorized by law; or

(v)  by any religious, beneficial or charitable society or association, incorporated or unincorporated, whose title is subject to reversion, possibility of reverter or right of reentry for condition broken if the real property ceases to be used for a purpose specified in a deed, subject to the following:

(A)  A petition to declare the real property free from reversion, possibility of reverter or right of reentry shall contain an affidavit of an officer of the religious, beneficial or charitable society or association, stating in detail what reasonable efforts have been made to locate or contact the grantor or the grantor's heirs, successors or assigns to obtain a conveyance of the reversion, possibility of reverter or right of reentry, why the real property should be declared free of the reversion, possibility of reverter or right of reentry, and the use of the funds, if any, to be derived from sale of the real property.

(B)  The court shall have the power to consider all of the circumstances and to grant such equitable relief as shall be just and proper and impose such restrictions upon the use of the funds to be derived from the sale of real property as the court shall deem to be appropriate to further the religious, beneficial or charitable purpose reflected in the deed containing the reversion, possibility of reverter or right of reentry for condition broken.

(2)  Where the legal title is an estate tail, or is subject to contingent remainders, executory interests, or remainders to a class some or all of whom may not be in being or ascertained at the time of the entry of the decree.

(3)  Where the legal title is otherwise inalienable.

(Apr. 16, 1992, P.L.108, No.24, eff. 60 days; Dec. 16, 1992, P.L.1163, No.152, eff. imd.)

 

1992 Amendments.  See section 21 of Act 24 in the appendix to this title for special provisions relating to applicability. See section 27(b) of Act 152 in the appendix to this title for special provisions relating to applicability.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1983–2025 · leading case: Allegheny Cnty. Deputy Sheriffs' Ass'n v. Pennsylvania Labor Relations Bd., 41 A.3d 839 (Pa. 2012).
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Allegheny Cnty. Deputy Sheriffs' Ass'n v. Pennsylvania Labor Relations Bd., 41 A.3d 839 (Pa. 2012). · cites it 2× “See also 20 Pa.C.S. § 8301 (court of common pleas may authorize sale of personal or real property under Orphans' Court jurisdiction); 21 P.”
In Re: Petition of the Wilkinsburg Taxpayers & Residents Interest in Green Street Park Sale to a Private Dev. & other Park-Sys. Conditions ~ Appeal of: K. Luxemburg, 200 A.3d 634 (Pa. Commw. Ct. 2018). “20 Pa.C.S. §§ 8301 -8306. Appellants attached an exhibit to their petition reflecting the minutes of a January 15, 1957 District meeting approving a resolution authorizing the sale of the Property to the Borough, along with the resolution itself.”
In re Conveyance of 1.2 Acres of Bangor Mem'l Park to Bangor Area Sch. Dist., 4 Pa. D. & C.4th 343 (1988). · cites it 2× “The Borough of Bangor and the Bangor Area School District also aver that the proposed conveyance is governed by 20 Pa.C.S. §8301 et seq., which replaced the repealed Revised Price Act.”
Rupert Est., 11 Pa. D. & C.4th 538 (1990). · cites it 6× “A petition for the appointment of a trustee and for the sale of real estate and fixtures subject to the life estate was filed on June 1, 1990, by petitioner under 20 Pa.C.S. §§8301 and 8305. The court entered a decree ordering a citation be issued upon the remaindermen to show…”
In re: Pres. of FDR Park ~ R. Garella v. City of Philadelphia c/o Philadelphia Law Dept. (Pa. Commw. Ct. 2025). · cites it 2× “18 Neighbors argue that the City’s proposed changes to FDR Park constitute a constructive sale or transfer, which triggered the need for approval by the Orphans’ Court under the Inalienable Property Act. Complaint ¶¶44-46, 56; R.R.”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “Inalienable Property In addition to the requirements provided by the Rules in Chapter III, a petition under Chapter 83 of Title 20 shall set forth the facts required by 20 Pa.C.S. § 8301, as applicable, and the following: (a) the names of all interested parties who have not…”
In Re: Order Rescinding & Replacing Rules 1.1 through 13.3 & Rule 17, & Amending Rules 14.1 through 16.12 of the Pennsylvania Orphans' Court Rules (Pa. 2015). “Inalienable Property In addition to the requirements provided by the Rules in Chapter III, a petition under Chapter 83 of Title 20 shall set forth the facts required by 20 Pa.C.S. § 8301, as applicable, and the following: (a) the names of all interested parties who have not…”
In re Kostecky, 455 A.2d 753 (Pa. Commw. Ct. 1983). “293, and similar provisions were re-enacted in 20 Pa. C. S. §8301.”
Bd. of Supervisors of Liberty Twp. v. Charnita, Inc., 34 Pa. D. & C.3d 552 (1984). “, This case involves some rather unusual facts and issues and is presented under the provisions of 20 Pa. C.S. §8301 et seq. As everyone knows, those provisions are the reenacted versions of the Revised Price Act and are part of the Probate, Estates and Fiduciaries Code, 20 Pa.”
— 20 Pa. Cons. Stat. § 8301(3) — 1 case
In re: Pres. of FDR Park ~ R. Garella v. City of Philadelphia c/o Philadelphia Law Dept. (Pa. Commw. Ct. 2025). “18 Neighbors argue that the City’s proposed changes to FDR Park constitute a constructive sale or transfer, which triggered the need for approval by the Orphans’ Court under the Inalienable Property Act. Complaint ¶¶44-46, 56; R.R.”
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