Transfer on Death Deeds in Pennsylvania: Why They Do Not Exist (2026)

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If you have read about "transfer-on-death deeds" or "beneficiary deeds" that let a house pass automatically to your children when you die, you may be wondering how to get one in Pennsylvania. The answer is blunt: you cannot. Pennsylvania has not adopted the transfer-on-death deed, even though most other states have. This guide explains why, what happens if you try to use one anyway, and the tools Pennsylvanians actually rely on to pass real estate outside probate.

Pennsylvania does not authorize transfer-on-death deeds for real estate. More than 30 states let you record a deed naming a beneficiary who takes the property automatically at your death. Pennsylvania is not one of them. If you record such a deed here, it will not accomplish the transfer, and the property will still go through probate.1

Why Pennsylvania is different

Many states adopted the Uniform Real Property Transfer on Death Act, which created a simple recorded deed that works like a beneficiary designation for a house. Pennsylvania simply never enacted it. Pennsylvania does allow transfer-on-death registration for securities, such as stocks and brokerage accounts, under its own statute,2 but that mechanism does not extend to land or homes. So while a TOD brokerage account is perfectly valid in Pennsylvania, a TOD deed on your house is not.

What happens if you record one anyway

Attempting a TOD deed in Pennsylvania tends to backfire. Because the law does not recognize it, title insurers will not insure a transfer based on it, the county may not give it the effect you intended, and your family can be left with a cloud on the title and the very probate you were trying to avoid.1 In short, it creates cost and confusion rather than the clean transfer promised. Do not rely on out-of-state forms or generic online deeds that assume TOD deeds work everywhere.

The alternatives Pennsylvanians actually use

The good news is that Pennsylvania offers real, established ways to pass real estate outside probate. There are three main options.

1. Joint tenancy with right of survivorship

If you own your home as joint tenants with right of survivorship (or, for married couples, as tenants by the entirety), the surviving owner automatically becomes the sole owner when the other dies, with no probate.3 This is the most common Pennsylvania workaround. The trade-off is that adding a co-owner is a present gift of an ownership interest: that person's creditors and divorce can reach the property, you generally cannot undo it without their cooperation, and it can carry inheritance tax consequences (see below).

2. A revocable living trust

You can transfer your home into a revocable living trust and name who inherits it. When you die, your successor trustee transfers the property to your beneficiaries without probate, and you keep full control while you are alive.4 Because Pennsylvania has no TOD deed, a living trust is the cleanest way to pass real estate outside probate while keeping control until death. It costs more to set up and requires you to actually retitle the deed into the trust. Our guide comparing a living trust and a will in Pennsylvania covers when it is worth it.

3. A life estate deed

With a life estate deed, you keep the right to live in and use the property for the rest of your life (a "life estate") and name the person who automatically receives full ownership at your death (the "remainderman"). It passes outside probate, but it is largely irreversible: once signed, you generally cannot sell or mortgage the property freely without the remainderman's agreement, and it has its own tax consequences. It suits some situations but should be used with legal advice.

The inheritance tax implication

None of these tools avoids Pennsylvania inheritance tax. Whether real estate passes by survivorship, through a living trust, or by a life estate deed, it is generally subject to the same inheritance tax rates based on who inherits: 0% to a spouse, 4.5% to lineal descendants, 12% to siblings, and 15% to others.5 Avoiding probate is not the same as avoiding tax, a point we explain in full in our guide to Pennsylvania inheritance tax. For the broader menu of probate-avoidance tools, see our guide on how to avoid probate in Pennsylvania.

The bottom line

Forget the transfer-on-death deed in Pennsylvania; it is not an option here. Use joint ownership, a living trust, or a life estate deed instead, and choose deliberately because each has real trade-offs. Whatever you decide for your real estate, back it with a valid will so the rest of your estate is covered: build a Pennsylvania-specific will with our will form, and talk to a Pennsylvania attorney before retitling a home.

Sources

  1. 1Pennsylvania Transfer on Death Deed: What to Use Instead, LegalClarity (legalclarity.org)
  2. 2Title 20 Pa.C.S. Chapter 64, Transfer on death security registration (securities only) (legis.state.pa.us)
  3. 3Avoiding Probate in Pennsylvania (joint ownership), Nolo (nolo.com)
  4. 4What Are the Alternatives to TOD Deeds in Pennsylvania?, Lieberman & Tamulonis (zltlaw.com)
  5. 5Inheritance Tax, Pennsylvania Department of Revenue (pa.gov)

Frequently Asked Questions

Can I record a transfer on death deed in Pennsylvania? No. Pennsylvania does not authorize transfer-on-death (beneficiary) deeds for real estate. Recording one will not transfer the property, and it may cloud the title and force probate anyway.

Does Pennsylvania allow any transfer on death registration? Yes, but only for securities such as stocks and brokerage accounts. That mechanism does not extend to land or homes.

How can I pass a house outside probate in Pennsylvania? The main options are joint tenancy with right of survivorship, a revocable living trust, or a life estate deed. Each has trade-offs, so choose deliberately and get legal advice before retitling.

Do these alternatives avoid Pennsylvania inheritance tax? No. Real estate passing by survivorship, through a trust, or by a life estate deed is still subject to Pennsylvania inheritance tax at the rate based on who inherits.

Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Pennsylvania Will Template. He gathers the rules from the Pennsylvania statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

The draft itself is a template, not yet a valid will. Under 20 Pa.C.S. Sec. 2502, Pennsylvania recognizes a wholly handwritten (holographic) will. To make it valid you must copy the finished text out entirely in your own handwriting and sign it at the end. Once you do that in your own hand and sign at the end, it meets Pennsylvania's requirements. A printout that you only sign is weaker, so the safe path is to write the whole thing by hand yourself.

Pennsylvania gives full effect to a holographic will, meaning a will written and signed entirely in the testator's own hand. No witnesses are required for the will to be valid. Copying it out by hand is what turns our template into a will the law recognizes. Your own handwriting is also strong evidence that the document is genuinely yours, which helps when it is presented to the Register of Wills. Take your time, write clearly, and sign at the end.

Pennsylvania has no forced heirship, so you are free to leave children out and direct your property as you choose. A spouse is treated differently. Under 20 Pa.C.S. Sec. 2203, a surviving spouse who is disinherited can file an elective share and claim one third of certain estate property, and that right stands even if your will says otherwise. So you can write a spouse out on paper, but the law still lets that spouse elect to take one third. If your family situation is delicate, state your intentions clearly and consider legal advice.

Keep the signed original somewhere safe and dry, such as a home fireproof box or a bank safe deposit box, and make sure your executor knows exactly where it is. Pennsylvania has no statewide lifetime registry where you file a will while you are alive. After your death, the original is taken to the Register of Wills in the county where you lived so it can be probated. Because the original is what gets filed, protecting it and telling your executor is the most important step.

We recommend against a single shared document. A holographic will in Pennsylvania must be entirely in one person's handwriting and signed at the end by that person, so two people cannot both handwrite and sign the same will. The clean approach is two separate mirror wills, one written and signed by each spouse, that reflect the same plan. Each of you copies out and signs your own, and each stays valid and changeable on its own.

Yes. A will only takes effect at death, so you can revise it at any time while you are alive and of sound mind. The simplest way is to handwrite a fresh will, sign it at the end, and physically destroy the old one so there is no confusion about which is current. Avoid squeezing changes in below your signature, because anything written after the end signature in Pennsylvania is generally not given effect. Review your will after major life events like a marriage, divorce, birth, or a large purchase.

No. This service helps you produce a clear, well structured draft to copy out by hand, but it is not legal advice and does not replace an attorney. If your estate is large, you own a business, you have blended family issues, property in more than one state, or you expect disputes, have a Pennsylvania attorney review your plan. For a straightforward estate, a carefully handwritten will signed at the end can serve you well.

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