Real Estate

Types of Deeds in Pennsylvania

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The type of deed on your Pennsylvania property determines who owns it, who inherits it when you die, and whether that transfer requires probate. Most people know what their deed says about ownership. Fewer understand what it says about everything that follows.

Pennsylvania recognizes several deed structures: joint tenancy with right of survivorship, tenancy by the entirety, tenancy in common, and life estates. Each carries different survivorship rules, creditor protection profiles, and estate planning consequences. Understanding which structure applies, and whether it aligns with your goals, matters before a death, a divorce, or a title dispute, not after.

Lebovitz & Lebovitz, P.A. · Serving Pittsburgh and Western Pennsylvania since 1933. Based in Swissvale near the Parkway East (Swissvale–Edgewood exit).

How Deeds Work in Pennsylvania

A deed is the legal instrument that transfers ownership of real property in Pennsylvania. It identifies the grantor, the grantee, a legal description of the property, and the ownership structure being conveyed. Recording the deed with the county recorder of deeds makes the transfer official and gives public notice of ownership. In Allegheny County, recording occurs with the Allegheny County Department of Real Estate.

In most cases, real estate in Pennsylvania is owned in fee simple absolute, meaning full ownership with the right to use, transfer, or encumber the property without limitation, subject only to applicable law and recorded restrictions such as easements or covenants.

The ownership structure stated in a deed is not a formality. It determines what happens when one owner dies, whether a creditor can reach the property, and whether an estate must be opened in the Allegheny County Orphans’ Court to transfer title. Getting the deed structure right at the time of purchase or transfer is the cleanest way to align property ownership with estate planning goals. Correcting it afterward requires a new deed, and sometimes a court proceeding.

Pennsylvania Does Not Recognize Transfer on Death Deeds

Pennsylvania does not allow transfer on death deeds for real estate. For a detailed discussion, see Does Pennsylvania have a transfer on death deed? In states that permit them, property owners can record a beneficiary designation on the deed, causing the property to pass automatically at death without probate. Pennsylvania has not adopted that system. Beneficiary designations work for bank and brokerage accounts under TOD and POD rules. They do not work for real estate. If you want to avoid probate with real estate in Pennsylvania, the solution is an ownership-based structure, not a beneficiary designation.

The structures that accomplish probate avoidance for Pennsylvania real estate are joint tenancy with right of survivorship, tenancy by the entirety, and life estate deeds. Each involves a change in how the property is held today, not a future designation made after the fact. Each also carries tax and planning consequences that a beneficiary designation does not trigger in the same way. The right structure depends on who owns the property, what the goals are, and how the property fits into the broader estate.

Joint Tenancy With Right of Survivorship

Joint tenancy with right of survivorship means each owner holds an equal, undivided interest in the property, and when one owner dies, the surviving owner automatically becomes the sole owner by operation of law. No probate is required. The property does not pass through a will. In Pennsylvania, the deed must expressly state “joint tenancy with right of survivorship” to create this structure. The traditional common law presumption against joint tenancy still applies in some contexts, so precise deed language is required to establish survivorship rights.

Joint tenancy is commonly used between unmarried co-owners, siblings who inherit property together, or business partners who want automatic succession on death. Unlike tenancy by the entirety, it is available to any combination of owners. The tradeoff is that any joint tenant can sever the tenancy during life by conveying their interest to a third party, which converts the ownership to a tenancy in common without the other owner’s consent. Each joint tenant also holds a present, alienable interest in the property during their lifetime.

Tenancy by the Entirety

Tenancy by the entirety is joint ownership available only to married couples in Pennsylvania. Like joint tenancy, it carries a right of survivorship: the surviving spouse automatically takes full ownership when the first spouse dies, without probate. The critical difference is that tenancy by the entirety cannot be severed unilaterally. Neither spouse can transfer their interest or encumber the property without the other’s agreement. It also provides a layer of creditor protection: a creditor of only one spouse generally cannot force the sale of entireties property to satisfy a judgment against that spouse alone.

For married couples who own the family home, tenancy by the entirety is typically the preferred ownership structure. It combines probate avoidance with survivorship protection and a degree of asset protection against individual creditors. It terminates automatically on divorce, converting to tenancy in common. Pennsylvania inheritance tax applies to the transfer at the first spouse’s death, but the spousal exemption rate is zero percent, meaning no tax is owed on transfers between spouses regardless of property value.

Tenancy in Common

Tenancy in common is the default ownership structure when two or more people own Pennsylvania property without specifying a different arrangement. Each owner holds a distinct fractional share that can be unequal, transferred independently, and passed through a will or by intestate succession at death. There is no right of survivorship. When a tenant in common dies, their share passes to their heirs or beneficiaries through the estate. The surviving co-owners do not automatically receive the deceased owner’s share.

Tenancy in common arises frequently in inherited property situations, when multiple family members receive shares of real estate through an estate or by intestate succession, and when a joint tenancy is severed. Managing tenancy in common among multiple owners can become complicated, particularly when owners disagree about whether to sell, rent, or maintain the property. Any tenant in common can petition for a partition action in Pennsylvania, which forces the sale or physical division of the property. For issues involving co-ownership disputes after an inheritance, see our page on inherited property and family real estate problems.

Life Estate Deeds

A life estate deed divides property ownership into two interests: the life estate, held by the person who retains the right to occupy and use the property during their lifetime, and the remainder interest, which passes automatically to a named beneficiary at the life tenant’s death. Because the remainder interest is established when the deed is recorded, no probate is required to complete the transfer. The property passes outside the estate and does not go through the Allegheny County Orphans’ Court. Pennsylvania inheritance tax applies to the remainder beneficiary’s share, calculated using actuarial tables based on the life tenant’s age at death.

Life estate deeds are commonly used by older homeowners who want the family home to pass directly to children or other beneficiaries while retaining the right to live there. The tradeoff is flexibility. Once a life estate deed is recorded, the life tenant cannot sell or mortgage the property without the remainder beneficiary’s consent. The remainder interest is a present legal interest, not a future promise. Reversing the arrangement after the fact requires a new deed signed by all parties.

Warranty Deeds and Quitclaim Deeds

Warranty deeds and quitclaim deeds describe what the grantor promises about the title being conveyed, not the ownership structure. A general warranty deed guarantees that the grantor holds clear title, that there are no undisclosed encumbrances, and that the grantor will defend the grantee against any future title claims from any source. A special warranty deed makes the same guarantees but only against claims arising through the grantor’s period of ownership. A quitclaim deed conveys whatever interest the grantor holds without any warranty. If the grantor holds no interest, the grantee receives nothing.

In Pennsylvania residential transactions, general warranty deeds are standard. Quitclaim deeds appear most often in inter-family transfers, divorce settlements, and situations where the parties know the title history and are not seeking warranty protection. Using a quitclaim deed without a prior title examination creates risk for the grantee, because any defects, liens, or competing claims are not covered by the deed itself. For transfers connected to estate administration and probate in Pennsylvania, the choice of deed type affects the surviving family’s protection against future title claims.

How Your Deed Type Affects Your Estate Plan

Real property is often the largest asset in a Pennsylvania estate, and the deed structure at the time of death determines whether that asset goes through probate, who receives it, and how inheritance tax applies. Tenancy by the entirety and joint tenancy with right of survivorship both avoid probate through survivorship. Life estate deeds also avoid probate but create a present legal interest in the remainder beneficiary that cannot be unwound without their consent. Tenancy in common avoids none of this: it passes through the estate and requires a probate proceeding unless another planning mechanism addresses it.

The interaction between deed type and Pennsylvania inheritance tax on real estate is significant. Joint tenancy and survivorship transfers to children are taxed at 4.5 percent of the property’s date-of-death value. Transfers to siblings are taxed at 12 percent. Transfers to unrelated parties are taxed at 15 percent. Life estate transfers use actuarial tables to determine the taxable portion. The deed on file with the county recorder at the time of death controls the outcome. How the property is held, and who holds the remainder interest, determines the tax calculation and cannot be adjusted after the fact.

A revocable trust is often used as an alternative to deed-based planning for real estate. Instead of changing ownership structure through survivorship or a life estate, the property is transferred into the trust during life and passes according to the trust terms at death, without probate. Unlike joint ownership or a life estate, a trust allows the owner to retain full control during life while directing how the property is distributed after death.

Stephen H. Lebovitz is a real estate attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania, with more than three decades of experience handling real estate and estate planning matters in Allegheny County.

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