Pennsylvania Ancillary Probate - Can't get executrix to transfer interest in Real Property to heirs/beneficiaries.

Asked over 1 year ago - Kingston, PA

Resident estate probate open for two and a half years. All administration done but executor won't close. My prime concern is the Pennsylvania Real Property interests. The PA inheritance tax is paid and there are no other assets except for the real property. Executor will not transfer the property to the heirs/beneficiaries. How do I force the executor to transfer the property ?

Attorney answers (3)

  1. Jay G. Fischer

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . The heirs need to get together and hire an attorney to file a petition with the Court to force the Executor to distribute the assets.

    NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or... more
  2. John P Corrigan

    Contributor Level 19

    1

    Best Answer
    chosen by asker

    Answered . The first question we need more info about is why won't she transfer the property? Is the Executor thinking of selling the property? Does she have the authority to do so? Is the Will explicit on what is suppose to happen to the property? Depending on your answers to the above questions - you can file a Petition to compel sale of the property if that is best for all concerned. Alternatively, seeking the removal of the Executor for her delay may be considered by a Judge depending on the facts of the case. Go see a probate attorney to resolve this for you.

    My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a... more
  3. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You could also file to have her removed as executrix and you appointed so that you can get the job done.

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