Short answer: No. Pennsylvania does not currently allow transfer on death deeds for real estate. A “TOD” or “beneficiary” deed recorded for a Pennsylvania home has no legal effect under current law. A bill to adopt them, House Bill 2124, was introduced in January 2026, but unless it becomes law, Pennsylvania homeowners need to use other tools to pass real estate without probate.
Many people hear about transfer on death deeds from friends in Ohio, which allows them, or from online forms. This guide explains where Pennsylvania law stands and the options that do work for homes and land in Washington County and across the state.
What is a transfer on death deed?
In states that allow them, a transfer on death deed lets a homeowner name a beneficiary who receives the property automatically at death, without probate. The owner keeps full control during life and can change or cancel the deed. It works much like a payable-on-death bank account, but for real estate.
Where Pennsylvania law stands
Pennsylvania has not adopted the Uniform Real Property Transfer on Death Act. House Bill 2124, introduced on January 9, 2026, would adopt it. Until a bill like that is passed and signed, a Pennsylvania deed that tries to transfer property at death without the formal requirements of a will does not work. If you recorded one, your home may still need to go through probate, or pass under your will or Pennsylvania’s intestacy rules.
Pennsylvania does allow transfer on death or payable on death designations for other assets, such as bank and investment accounts.
Options that work in Pennsylvania
1. Revocable living trust
You transfer your home into a trust you control during your life and name who receives it after your death. The trustee can transfer the property without probate. A trust also works well for land and mineral rights you want to keep together. See our trusts page.
2. Joint ownership with right of survivorship
When two people own property as joint tenants with right of survivorship, or a married couple owns as tenants by the entireties, the survivor owns it automatically. Adding a child to your deed, however, gives them a present ownership interest, can expose the property to their creditors and divorce, and can create tax problems. Get advice before you do it.
3. Life estate deed
You keep the right to live in the home for life, and the property passes to the person you name at your death. Life estate deeds are hard to undo and can complicate a sale or refinance.
4. A will
A will still requires probate, but Pennsylvania probate is often simpler and less expensive than people expect. See our guide to making a will in Pennsylvania.
What about Pennsylvania inheritance tax?
None of these tools avoid Pennsylvania inheritance tax. A home that passes to a child by trust or will is generally taxed at 4.5% of its value. If the child co-owned the home, the parent’s share is generally taxed. Property owned jointly by spouses passes to the survivor tax-free.
Watch out for realty transfer tax and title issues
Transfers between parents and children are usually exempt from Pennsylvania realty transfer tax, but the deed must be prepared correctly to claim the exemption. A poorly drafted deed can also create title problems that surface years later when the property is sold. Our transfer tax calculator explains the rates, and our guide to transferring a deed in Pennsylvania walks through the steps.
Frequently asked questions
Does Pennsylvania have transfer on death deeds?
No. As of 2026, Pennsylvania does not allow transfer on death deeds for real estate. A bill to allow them has been introduced but is not law.
How do I avoid probate on a house in Pennsylvania?
The most common ways are a revocable living trust or survivorship ownership. Each has trade-offs. Our guide to avoiding probate in Pennsylvania compares them.
Can I add my child to my deed instead?
You can, but it is a gift of part of your home now, not a transfer at death. It can affect taxes, creditors and your control over the property.
What if I own property in Ohio and Pennsylvania?
Ohio allows transfer on death designations for real estate. Pennsylvania property still needs another approach. A trust can hold property in both states.
Want to pass your home or land without probate? Heather N. Kostrub helps families with estate planning in Washington County and the Pittsburgh area. Call (304) 982-1586.