Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in Pennsylvania
Whether Pennsylvania lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in Pennsylvania
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| No transfer-on-death deed statute | Pennsylvania has no statute authorizing a transfer-on-death or beneficiary deed for real property. A recorded "TOD deed" has no legal effect for Pennsylvania real estate. |
| Alternatives are what people use | To keep a home out of probate, Pennsylvanians use a revocable living trust, a life estate deed naming a remainderman, or joint tenancy or tenancy by the entirety with right of survivorship. |
| Accounts and vehicles are different | Pennsylvania does allow transfer-on-death and payable-on-death registration for bank accounts, securities, and vehicles, but not for real estate. Keeping that distinction clear is the whole point. |
| Key details and exceptions | What it means |
|---|---|
| Life estate deed trade-off | A traditional life estate deed avoids probate but the owner gives up control: selling or mortgaging later needs the remainderman’s consent. Pennsylvania does not have Florida-style enhanced (Lady Bird) deeds. |
| Inheritance tax still applies | Pennsylvania imposes an inheritance tax on property passing at death regardless of the method, so avoiding probate does not avoid the tax. |
| Adoption bill pending | A bill to adopt the Uniform Real Property Transfer on Death Act passed the House Judiciary Committee 26 to 0 on February 4, 2026, but has not become law. If enacted, Pennsylvania would move to "allowed." |
What you can do right now
Concrete, neutral steps to pass a home outside probate in Pennsylvania. This is legal information, not legal advice.
- Do not record a transfer-on-death deed
A transfer-on-death deed has no legal effect for Pennsylvania real estate. Recording one does not pass the property, so use a recognized tool instead.
- Pick a working alternative
A revocable living trust keeps control and avoids probate. A life estate deed or joint ownership with survivorship can also work, each with trade-offs in control and taxes.
- Plan for inheritance tax
Avoiding probate does not avoid Pennsylvania inheritance tax. Factor the tax into whichever method you choose.
- Talk to a Pennsylvania estate attorney
The right tool depends on control, taxes, and Medicaid. A licensed Pennsylvania estate attorney can compare the options. The Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ Pennsylvania Bar Association — Find a LawyerThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about Pennsylvania TOD deeds
Pennsylvania does not allow a transfer-on-death deed for real estate, and recording one does nothing. That surprises people, because Pennsylvania does allow transfer-on-death and payable-on-death registration for bank accounts, securities, and vehicles. Real estate is the exception, so to keep a home out of probate you have to use a different tool: a revocable living trust, a life estate deed naming a remainderman, or joint ownership with right of survivorship. Each has a catch. A traditional life estate deed gives up control, because selling or mortgaging later needs the remainderman’s consent, and Pennsylvania does not offer Florida’s enhanced Lady Bird version that keeps control. And whatever method you use, Pennsylvania inheritance tax still applies to property passing at death, so avoiding probate does not avoid the tax. One change is worth watching: a bill to adopt the Uniform Real Property Transfer on Death Act cleared the House Judiciary Committee 26 to 0 in February 2026. It is not law yet, but if it passes, Pennsylvania would join the states that allow the deed.
Common questions
Can I use a transfer-on-death deed in Pennsylvania?
No. Pennsylvania has no transfer-on-death deed statute for real estate, and recording one has no legal effect. Use a trust, a life estate deed, or joint ownership with survivorship instead.
Why does Pennsylvania allow TOD for accounts but not real estate?
The transfer-on-death and payable-on-death mechanisms in Pennsylvania cover bank accounts, securities, and vehicles by statute, but no statute extends them to real property. Real estate simply is not covered.
What is the best way to avoid probate on a Pennsylvania home?
A revocable living trust keeps control and avoids probate. A life estate deed or joint ownership with survivorship can also work, but each trades away some control, and inheritance tax still applies.
Is Pennsylvania about to allow transfer-on-death deeds?
Possibly. A bill to adopt the Uniform Real Property Transfer on Death Act passed a House committee 26 to 0 in February 2026, but it is not law. If enacted, the answer here would change to allowed.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.