Estate Planning · Real Estate

Does Pennsylvania Have a Transfer on Death Deed?

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No. Pennsylvania does not recognize transfer on death deeds for real estate. Unlike more than 30 other states, Pennsylvania has not adopted the Uniform Real Property Transfer on Death Act, and there is no mechanism under Pennsylvania law to name a beneficiary on a deed who would automatically receive the property when the owner dies. A deed in Pennsylvania transfers ownership at the time it is signed and recorded, not at a future date or upon a condition like death.

This means that real estate owned solely in one person’s name must go through probate before it can be transferred to heirs. For families who want to avoid that outcome, Pennsylvania law offers alternatives, but each one requires planning before the owner dies. There is no after-the-fact workaround.

At Lebovitz & Lebovitz, P.A., we advise families throughout Allegheny County on deed structures, probate avoidance strategies, and the coordination of real estate with the broader estate plan. If you are planning a transfer or dealing with inherited property, early guidance prevents complications that are expensive to fix later.

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

What Is a Transfer on Death Deed

A transfer on death deed, sometimes called a beneficiary deed, is a document that allows a property owner to name someone who will automatically receive the property when the owner dies. In states that allow them, the deed is recorded during the owner’s lifetime but has no effect until death. The owner retains full control, can sell or mortgage the property freely, and can revoke the designation at any time.

The appeal is simplicity. The property passes without probate, without a trust, and without requiring the beneficiary’s consent during the owner’s lifetime. But Pennsylvania has not adopted this tool.

Why Pennsylvania Does Not Allow Them

Pennsylvania requires that a deed transfer ownership at the time it is delivered and recorded. A deed that purports to transfer ownership only upon death is considered testamentary, and testamentary transfers must comply with the Pennsylvania Probate, Estates and Fiduciaries Code. In practice, that means the transfer must happen through a will and probate, or through a legal structure that vests an interest before death.

Several legislative attempts to adopt transfer on death deed legislation in Pennsylvania have not advanced. As of 2026, there is no pending bill with traction. Families who want probate avoidance on real estate must use one of the alternatives below.

Alternatives to a Transfer on Death Deed in Pennsylvania

Pennsylvania offers several ways to transfer real estate outside of probate, but each carries tradeoffs that a TOD deed would have avoided.

Joint Tenancy With Right of Survivorship

Adding a co-owner to the deed as a joint tenant with right of survivorship means the property passes automatically to the surviving joint tenant at death. No probate is required. However, the new co-owner has an immediate ownership interest, which means they must consent to any sale or mortgage. It also exposes the property to the co-owner’s creditors and may trigger gift tax consequences.

Tenants by the Entireties

Married couples in Pennsylvania can hold real estate as tenants by the entireties, which provides the same automatic survivorship as joint tenancy plus additional creditor protection. Neither spouse can sell or encumber the property without the other’s consent. This form of ownership is available only to married couples and ends at divorce.

Revocable Living Trust

A revocable living trust allows the owner to transfer the property into a trust during their lifetime while retaining full control as trustee. At death, the successor trustee distributes the property according to the trust terms without probate. This is the closest functional equivalent to a TOD deed: the owner keeps control, can revoke it, and the property avoids probate. The cost is higher than a deed change, but the flexibility is substantially greater. For more on how trusts fit into an estate plan, see our estate planning overview.

Life Estate Deed

A life estate deed transfers ownership to a named remainderman while reserving the right to live in and use the property for the owner’s lifetime. At death, the property passes to the remainderman without probate. The limitation is that a life estate deed is largely irrevocable once recorded. The owner cannot sell or refinance without the remainderman’s consent, and the transfer may trigger Medicaid look-back issues if long-term care becomes necessary within five years.

What Happens to Real Estate Without Planning

If the owner does nothing, the property passes through probate. The executor or administrator appointed by the Register of Wills manages the property during estate administration, and the property is distributed to heirs only after debts, taxes, and expenses are resolved. In Allegheny County, probate typically takes nine months to two years.

During that time, the property cannot be sold without court approval (or executor authority under the will), and title remains clouded until the estate is settled. For families dealing with a house after a death, the question of what happens to the house when the owner dies depends almost entirely on how the deed was titled before death.

Transfer on Death Designations for Financial Accounts

Pennsylvania does allow transfer on death and payable on death designations for financial accounts, including bank accounts, brokerage accounts, and retirement accounts. These designations pass the account directly to the named beneficiary at death without probate. But this tool applies only to financial accounts, not to real estate. For a full overview of how TOD and POD designations work alongside your estate plan, see our page on TOD, POD, and joint accounts in Pennsylvania.

Which Option Is Right

The right approach depends on the owner’s situation: whether they are married, whether Medicaid planning is a concern, whether the property has a mortgage, and whether they want the flexibility to change their mind. A revocable trust offers the most control. Joint tenancy is the simplest but carries the most risk. A life estate deed is appropriate in narrow circumstances. If the property carries a mortgage, the family should also understand what happens to a mortgage after the owner dies before choosing a structure.

No single option replaces good planning. The goal is not to avoid probate at all costs. The goal is to ensure the property reaches the right person, at the right time, with the least cost and complication. That requires reviewing the deed, the will, and any trust documents together.