Transfer-on-Death Deeds (and PA's Status)
Why the transfer-on-death deed that works in many states isn't available in Pennsylvania.
What is a transfer-on-death deed?
A transfer-on-death (TOD) deed — also called a beneficiary deed — lets an owner name who will receive real estate at their death, so the property passes automatically outside probate while the owner keeps full control during life. Many states have adopted them as a simple estate-planning tool.
Does Pennsylvania recognize TOD deeds?
Pennsylvania has not adopted the transfer-on-death deed for real estate the way many other states have, so a TOD deed is generally not an available option for passing Pennsylvania property. Owners who want to avoid probate on real estate here have to use other tools instead.
What PA owners use instead
To pass Pennsylvania real estate outside probate, owners typically look at a life estate, holding title in a trust or an entity, or joint ownership with survivorship. Each has different tax, control, and creditor consequences, so the right choice depends on the owner's goals.
How Nochumson P.C. helps
Nochumson P.C. advises Pennsylvania owners on how to hold and transfer title to fit their planning. Contact us to talk through your options.
Related articles:
- Fee Simple Ownership, Explained
- Life Estates in Pennsylvania
- Quitclaim Deed in Pennsylvania: When & How to Use One
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