Estate Planning · Real Estate
Transfer on Death Deed in Pennsylvania
Pennsylvania does not allow transfer-on-death deeds for real estate. If you record a deed naming a beneficiary to take property at your death, the property will still go through probate. Title companies will not insure the transfer, and the family will face delay and legal costs that the TOD deed was supposed to avoid.
As of May 2026, Pennsylvania allows transfer-on-death registration only for securities under 20 Pa.C.S. § 6407, not real estate. The real issue is not whether TOD deeds work. They do not. The issue is what actually replaces them and how to avoid creating tax, title, or inheritance problems by using the wrong structure.
Planning structures that fail vs. structures that work. A transfer-on-death deed appears simple but creates probate problems when Pennsylvania law does not recognize it. The form of transfer chosen now determines what happens at death.
Lebovitz & Lebovitz, P.A. · Serving Pittsburgh and Western Pennsylvania since 1933. Based in Swissvale near the Parkway East (Swissvale–Edgewood exit).
Pennsylvania does not allow transfer-on-death deeds for real estate. A plan built around one will fail at death, and the property will sit in probate while your family waits.
Call 412-351-4422 or contact our office to review how your real estate is titled before the need arises.
Why Pennsylvania Does Not Allow Transfer on Death Deeds
Pennsylvania does not recognize transfer-on-death deeds for real estate. The transfer-on-death mechanism is available only for certain financial accounts, securities, and vehicles in Pennsylvania, not for real property.
Pennsylvania law does not include any statute authorizing transfer-on-death deeds for real estate. A Pennsylvania House bill (HB2124) proposing adoption of the Uniform Real Property Transfer on Death Act has been introduced but has not passed as of May 2026. Unlike states that have adopted the Uniform Real Property Transfer on Death Act, Pennsylvania requires ownership changes in real estate to occur through deeds executed during life or through the probate process after death.
A document attempting to transfer real estate only at death without a recognized present legal structure will not control title in Pennsylvania. The result is delay, probate, and title problems when the property needs to be sold or transferred.
If You Are Trying to Avoid Probate in Pennsylvania, Here’s What Actually Works
While transfer-on-death deeds are not available for real estate in Pennsylvania, there are several effective ways to avoid probate depending on your situation. These include tools such as revocable living trusts, joint ownership structures, and beneficiary designations for financial accounts. For a full breakdown of your options, see our guide on how to avoid probate in Pennsylvania.
How Property Passes Outside Probate in Pennsylvania
Real estate and financial accounts can still pass outside probate in Pennsylvania, but only if they are structured correctly during life. The primary methods are joint ownership with right of survivorship, revocable living trust, and life estate deed.
Each of these approaches carries different legal and tax consequences. The correct choice depends on control during life, inheritance tax exposure, and how the overall estate plan is structured. For comprehensive guidance on how to avoid probate in Pennsylvania, see that page.
The Problem Does Not Go Away Because TOD Deeds Do Not Exist
Most people searching for a transfer-on-death deed in Pennsylvania are trying to solve a specific problem: keeping their home out of probate so a family member can take title without a court proceeding. That problem is real. The solution is not a TOD deed. It is one of three structures, a revocable trust, a life estate deed, or joint ownership with right of survivorship, each with different consequences for control, inheritance tax, and flexibility. Choosing the wrong one creates the same delay and cost you were trying to avoid. The right choice depends on your facts, and it needs to be made before death, not after.
What You Can Use Instead of a TOD Deed in Pennsylvania
Pennsylvania law provides several established methods to transfer real estate outside of probate. Each method has different legal and tax consequences.
- Joint ownership with right of survivorship. Property passes automatically to the surviving owner at death but creates shared ownership during life.
- Life estate deeds. The current owner retains possession for life while designating a remainder beneficiary, but this limits flexibility and may affect tax planning.
- Revocable living trusts. Property transferred into a trust can pass to beneficiaries without probate while maintaining control during life. See our trust planning page.
When property is transferred to a revocable living trust, Pennsylvania does not impose realty transfer tax because beneficial ownership does not change. The grantor retains complete control during life and can revoke or modify the trust at any time. An irrevocable trust is different. Transfer to an irrevocable trust is a taxable event under Pennsylvania law because the grantor permanently relinquishes control, and the transfer starts the five-year Medicaid lookback period that determines whether the transferred asset counts as available for long-term care costs. A revocable trust avoids probate without triggering transfer tax or Medicaid implications. An irrevocable trust may serve Medicaid planning goals but carries immediate tax and permanence consequences. The correct structure depends on whether the goal is probate avoidance, asset protection, or Medicaid eligibility, and the timing of the transfer relative to anticipated care needs.
The correct approach depends on your goals, including control, tax treatment, and whether the property may be sold, refinanced, or changed during your lifetime. For broader planning context, see our wills and trusts page.
Transfer on Death Deeds vs POD and Beneficiary Designations
Transfer-on-death designations are often confused with payable-on-death accounts and beneficiary designations. The distinction is critical.
- TOD deeds for real estate. Not permitted in Pennsylvania.
- POD and TOD accounts. Permitted for financial accounts such as bank accounts, retirement plans, and investment accounts.
For a full explanation of how these designations work, see our page on TOD, POD, and joint accounts in Pennsylvania.
Common Mistakes with TOD, POD, and Joint Accounts in Pennsylvania
Adding a child to a deed or account for convenience can unintentionally transfer full ownership at death. A will does not override beneficiary designations or survivorship rights, and failing to update TOD or POD designations after divorce, death, or changes in family structure creates distribution problems.
Pennsylvania inheritance tax applies to assets that pass outside probate, including TOD and POD accounts and jointly held property. These mistakes often result in unequal distributions, tax exposure, and disputes during estate administration. For how inheritance tax applies to these transfers, see our page on Pennsylvania inheritance tax.
Pennsylvania deed requirements are governed by recording statutes in Pennsylvania statutes. Title disputes and conveyancing matters are resolved through the Pennsylvania Unified Judicial System in the Court of Common Pleas.
Frequently Asked Questions About Transfer on Death Deeds in Pennsylvania
Does Pennsylvania allow transfer on death deeds for real estate?
No. Pennsylvania does not recognize transfer-on-death deeds. Real estate must be transferred during life or through probate at death.
Can I avoid probate in Pennsylvania without a TOD deed?
Yes. Probate can be avoided through other legal structures such as revocable trusts, joint ownership, and beneficiary designations, depending on the asset and planning goals.
Are TOD and POD accounts allowed in Pennsylvania?
Yes. Transfer-on-death and payable-on-death designations are permitted for financial accounts, but they do not apply to real estate.
What happens if I try to use a TOD deed in Pennsylvania?
A document attempting to transfer real estate at death without present ownership rights will not be recognized. Title companies will not insure the transfer, and the property will still require probate or corrective action.
Can I transfer my house to a trust to avoid probate in Pennsylvania?
A transfer to a revocable living trust is exempt from Pennsylvania realty transfer tax because beneficial ownership does not change. The property avoids probate at death. A transfer to an irrevocable trust is a taxable transfer at the standard rate and starts the five-year Medicaid lookback period. The choice between revocable and irrevocable depends on whether Medicaid planning or probate avoidance is the primary goal.
Related: Estate Planning Overview | TOD and POD Accounts | Trust Planning | Estate Administration and Probate | Power of Attorney | Transfer on Death Deed Guide