Does Pennsylvania Have Transfer on Death Deeds? No — Here Are Your Alternatives

Pennsylvania does not recognize transfer-on-death (TOD) deeds for real estate. Over 30 states now allow homeowners to file a simple deed that transfers property to a named beneficiary at death, but Pennsylvania is not one of them.

The most recent legislative attempt — House Bill 2124, which would have adopted the Uniform Real Property Transfer on Death Act — was laid on the table in early 2026 and did not pass. There is no active legislation to change this.

If you own real property in Pennsylvania and want it to pass without going through probate, you have three main alternatives.

Option 1: Joint Tenancy with Right of Survivorship (JTWROS)

When you title property as joint tenants with right of survivorship, ownership automatically transfers to the surviving co-owner at death. No probate, no Register of Wills involvement, no Letters Testamentary needed.

How to set it up: Record a new deed at the county Recorder of Deeds office, changing the title to include both owners "as joint tenants with right of survivorship, and not as tenants in common."

Advantages:

• Automatic transfer at death
• No probate filing required
• Simple to execute

Risks:

• The new co-owner has immediate ownership rights — they can force a sale, and their creditors can place liens on the property
• Adding a non-spouse co-owner may trigger gift tax reporting
• The transfer is still subject to Pennsylvania inheritance tax on the decedent's share (unless the surviving co-owner is a spouse)
• If the co-owner dies first, you lose the probate-bypass benefit

Tax note: If a JTWROS account or property was created within one year of death, the entire value is subject to inheritance tax — not just the decedent's fractional share. For accounts created more than one year before death, only the decedent's proportional interest is taxed.

Option 2: Life Estate Deed

A life estate deed splits ownership into two pieces: you retain the right to live in and use the property during your lifetime (the "life estate"), while a named remainderman receives full ownership automatically at your death.

How to set it up: Record a life estate deed at the county Recorder of Deeds, reserving a life estate to yourself and naming the remainderman.

Advantages:

• Property passes without probate at your death
• You retain the right to live in the home during your lifetime
• The remainderman receives a stepped-up tax basis at your death

Risks:

• You cannot sell the property without the remainderman's consent (they now have a vested future interest)
• The remainderman's creditors can place liens on their future interest
• If the remainderman dies before you, their interest passes through their estate — which may not align with your intentions
• Pennsylvania inheritance tax still applies on the value of the remainder interest

When this makes sense: Life estate deeds work best when you are certain about the remainderman, confident you will not need to sell or refinance, and want a simple probate-bypass mechanism without the cost of a trust.

Option 3: Revocable Living Trust

A revocable trust is the most flexible probate-bypass tool for Pennsylvania real estate. You transfer the deed into the trust's name, retaining full control as trustee during your lifetime. At death, the successor trustee distributes the property according to the trust terms — no probate, no court involvement.

Advantages:

• Full control during your lifetime (you can sell, refinance, or revoke the trust)
• Property passes without probate
• Privacy (trusts are not public record; wills are)
• Works for real estate in multiple states (avoids ancillary probate)

Risks:

• Setup cost (typically $1,500–$4,000 with attorney assistance)
• You must actually transfer the deed into the trust — if you forget, the property still goes through probate
• A revocable trust does not avoid Pennsylvania inheritance tax

JTWROS vs. Tenants in Common

These are not the same thing. Tenants in common do not have survivorship rights — each owner's share passes through their individual estate at death, which means probate.

If your deed says "tenants in common" or simply names two owners without specifying survivorship rights, you do not have automatic transfer at death. Check your deed.

What About Non-Real-Estate Assets?

Pennsylvania does allow transfer-on-death designations for financial assets:

• POD (payable on death) bank accounts: Name a beneficiary on checking, savings, and CD accounts
• TOD securities: Brokerage and investment accounts can register beneficiaries under the Uniform TOD Security Registration Act
• Retirement accounts and life insurance: Already pass by beneficiary designation

The real estate gap is specifically what makes Pennsylvania estate planning more complex than most states. Every other major asset category has a simple beneficiary designation option.

Putting It Together

The Pennsylvania Basic Estate Planning Kit includes the real property blueprint — a decision framework for choosing between JTWROS, life estate deeds, and trusts based on your specific situation, family structure, and inheritance tax exposure. Since Pennsylvania lacks TOD deeds, getting this decision right is the single most important step in keeping your home out of probate.

See more Pennsylvania guides →