Estate Planning · Estate Administration

What Happens to a House When the Owner Dies in Pennsylvania?

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When a homeowner dies in Pennsylvania, what happens to the house depends on how it was owned. Some homes transfer automatically to a surviving co-owner without any court involvement. Others must pass through probate before they can be sold or transferred to heirs. And in some cases, the answer is not clear until someone examines the deed.

These are not abstract questions for families dealing with a recent death. They are practical questions with real deadlines, real costs, and real consequences for the people left behind. Understanding how Pennsylvania law treats real estate at death is the first step toward handling it correctly.

At Lebovitz & Lebovitz, P.A., we assist families throughout Allegheny County with inherited real estate, estate administration, deed issues, and the coordination of real property with the broader estate plan. Whether a death has just occurred or you are planning ahead, we can help you understand what the law requires and what the options are.

How the Deed Determines What Happens

The starting point for any inherited real estate question is the deed. Pennsylvania law recognizes several forms of property ownership, and the form used on the deed controls how the property transfers at death.

The deed is a public record filed with the county recorder of deeds. If you are not sure how a property is titled, the deed can be retrieved from the Allegheny County real estate portal or the recorder’s office. The language on the deed — particularly who is named as owner and whether the words “joint tenants with right of survivorship” appear — determines the answer to most inherited real estate questions.

Joint Tenancy With Right of Survivorship

When two or more people own property as joint tenants with right of survivorship, the surviving owner automatically becomes the sole owner when one joint tenant dies. The property does not pass through the deceased owner’s will and does not go through probate. The transfer happens by operation of law.

To formalize the transfer, the surviving owner typically records an affidavit of survivorship with the county recorder of deeds, along with a certified death certificate. This clears the title and allows the property to be refinanced or sold without complications.

Married couples in Pennsylvania often hold their home as tenants by the entireties, which is a form of joint ownership available only to spouses. Tenants by the entireties provides the same survivorship right as joint tenancy, plus additional creditor protection during the marriage.

Tenants in Common

When two or more people own property as tenants in common, each owner holds a separate fractional interest that passes through their estate when they die. There is no right of survivorship. A deceased owner’s share goes to whoever inherits under their will — or under Pennsylvania’s intestacy laws if there is no will.

Tenants in common situations frequently arise with inherited property when multiple heirs inherit equal shares from a parent or grandparent. The result is often a property owned by siblings or cousins who may disagree about whether to sell, rent, or keep it. These co-ownership disputes can become complicated quickly. For more on how courts handle co-owned property disputes, see our page on inherited property and family real estate problems.

When the House Must Go Through Probate

If the deceased owner held the property in their name alone — with no surviving joint tenant — the house must pass through the Pennsylvania probate process before it can be transferred or sold. Probate is the court-supervised process by which a deceased person’s estate is administered, debts are paid, and assets are distributed to heirs.

During probate, an executor or administrator is appointed by the Register of Wills in the county where the deceased lived. That personal representative has authority to manage the estate, including the real estate. If the will directs the house to be sold, the executor can list and sell it during the estate administration. If the will leaves the house to a specific heir, a deed must be prepared transferring title from the estate to that heir once probate is complete.

For a full overview of the probate process in Pennsylvania, see our page on estate administration and probate.

Pennsylvania Does Not Have Transfer on Death Deeds

Some states allow homeowners to name a beneficiary directly on the deed — called a transfer on death deed or beneficiary deed — so the property passes automatically at death without probate. Pennsylvania does not recognize transfer on death deeds. A deed in Pennsylvania transfers ownership at the time it is recorded, not at a future date or upon a condition like death.

Homeowners who want to avoid probate on real estate in Pennsylvania have other options, including placing the property in a revocable living trust, transferring it to a life estate deed, or titling it in joint tenancy with a likely heir. Each approach has different consequences for control, taxes, and creditor exposure, and each requires careful consideration before implementation.

Life Estate Deeds

A life estate deed transfers ownership of real estate to a named beneficiary — called the remainderman — while reserving the right to live in and use the property for the original owner’s lifetime. When the life estate holder dies, the property automatically passes to the remainderman without probate.

Life estate deeds are commonly used in Pennsylvania as a probate-avoidance tool, particularly for elderly homeowners who want to ensure the house passes to a child or other heir without court involvement. However, a life estate deed is largely irrevocable once recorded. The original owner cannot sell or mortgage the property without the remainderman’s consent, and the transfer may trigger Medicaid look-back issues if long-term care is a possibility within five years.

Spouse’s Rights in the Family Home

Pennsylvania law gives a surviving spouse certain rights in the family home that apply regardless of how the deed is titled or what the will says. A surviving spouse has a right of election to take an elective share of the deceased spouse’s estate — currently one-third — which may include an interest in real estate. A surviving spouse also has the right to remain in the family home for a period after the death even if the property is part of the estate being administered.

These rights are in addition to any ownership interest the surviving spouse holds as a joint tenant or tenant by the entireties.

Pennsylvania Inheritance Tax on Inherited Real Estate

Real estate that passes at death is subject to Pennsylvania inheritance tax. The tax rate depends on the relationship between the deceased owner and the person who inherits the property. Surviving spouses pay no inheritance tax. Direct descendants — children and grandchildren — pay 4.5 percent. Siblings pay 12 percent. All other beneficiaries pay 15 percent. The tax is assessed on the fair market value of the real estate at the date of death. For a full overview of how Pennsylvania inheritance tax applies, see our page on Pennsylvania inheritance tax.

Selling Inherited Real Estate

Before inherited real estate can be sold, title must be clear. If the property passed through probate, a deed from the executor or administrator to the new owner is required. If the property passed by survivorship, the affidavit of survivorship must be recorded first. If there are multiple heirs with undivided interests, all of them must agree to the sale — or one co-owner may seek a partition action to force a court-supervised sale.

Title issues, missing heirs, old liens, and deed errors are common complications with inherited real estate. For more on how these problems arise and how they are resolved, see our page on inherited property and family real estate problems in Pennsylvania.