We are beneficiaries of a Pennsylvania estate. Our brother-in-law is executor but is taking no action to settle the estate.

If your brother in law has at least taken the initial step of being appointed Executor then he would typically be given 12-18 months, at a minimum, to administer the estate. Even when the estate is all cash there are tax returns that have to be prepared and creditors have a set amount of time to come forward so while it may look like he isn't doing anything he may be handcuffed while he waits for these matters to be resolved.

Unless the Will specifically states that the Executor is to sell the house the Executor has no duty to sell the house and is arguable overstepping his authority if the house were sold without the consent of all the residuary beneficiaries. When the sale of property is not directed in the Will and not needed to complete the administration (in the case where the property must be sold to have the funds necessary to pay taxes, debts or expenses) the Executors easiest and safest course is to distribute the property to the beneficiaries and let them deal with it.

If however the Will names your brother-in-law as Executor and he has not taken the step of going to the Surrogate to be formally appointed. Then if it has been at least 60 days since the death you could consider going to Court to be named administrator in his place due to his failure to bring the Will for probate.

Very truly yours,

Ed Smeltzer

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