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Does Pennsylvania allow a transfer on death deed?

No. Pennsylvania has no transfer on death deed law for real estate. Last checked .

Pennsylvania at a glance

TOD deed for real estate
No

How a house passes in Pennsylvania without a TOD deed

  • Small-estate affidavit cap. $20,000
  • Real estate. Real estate cannot pass under § 3101 and is excluded from the § 3102 small estate petition; it needs letters (probate/administration) through the Register of Wills.
  • Settlement of small estates on petition (20 Pa.C.S. § 3102). If personal property (excluding real estate and § 3101 payments, but including family-exemption property) has a gross value of $50,000 or less, any interested party may petition the orphans' court division in the county of domicile to order distribution, with or without letters or probate of a will. The decree lets transfer agents and others deliver the property. It can be revoked within one year for improper distribution.

All Pennsylvania small-estate rules, with sources →

What people in Pennsylvania use instead

Pennsylvania has no TOD deed. The Department of Revenue's inheritance-tax guide (REV-584) describes real estate held jointly with right of survivorship passing to the survivor (taxable on the decedent's share except between spouses).

Good to know in Pennsylvania

  • Watch HB 2124 (2025-2026 session): if the Senate passes it and it is signed, Pennsylvania would add TOD deeds in Title 20 Pa.C.S.
  • Bucks County Recorder of Deeds news notes beneficiaries would still owe any Pennsylvania inheritance tax if HB 2124 becomes law.

Official pages

Sources

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.

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