Does Pennsylvania Allow Transfer on Death Deeds?
No. As of September 2026, Pennsylvania has no law that lets a homeowner record a transfer on death deed for real estate. House Bill 2124, which would adopt the Uniform Real Property Transfer on Death Act, was introduced on January 9, 2026, and according to the bill trackers LegiScan and BillTrack50, it has not passed the House or the Senate.
The bill has moved further than many people realize. LegiScan's action history shows the House Judiciary Committee reported HB 2124 on February 4, 2026, by a 26 to 0 vote, after which it was laid on the table, and a corrective reprint (Printer's No. 3818) followed on August 13, 2026. A committee vote is not a law, though, and until both chambers pass the bill and the Governor signs it, a transfer on death deed has no statute behind it in Pennsylvania. This guide explains what these deeds are, where the bill stands, what Pennsylvania homeowners use instead, and why skipping probate does not skip inheritance tax. It describes how the rules generally work and is not legal advice.
What Is a Transfer on Death Deed?
A transfer on death deed is a recorded deed that names a beneficiary to receive real estate when the owner dies, while the owner keeps full ownership and control during life. The owner can usually sell, mortgage or change the beneficiary without the beneficiary's consent, and nothing passes until death.
The model law behind these deeds comes from the Uniform Law Commission. The Pennsylvania House co-sponsorship memo for the bill describes the uniform act as first approved by the Commission in 2009 and explains that it lets an owner pass real property to a beneficiary at death without the property going through probate.
In the states that have adopted it, a transfer on death deed works much like a beneficiary designation on a retirement account. That comparison is useful, but it only describes how the deeds work elsewhere. Pennsylvania has not adopted the act.
Where Does House Bill 2124 Stand in 2026?
BillTrack50 lists Representative Tim Bonner as the prime sponsor, with 20 co-sponsors from both parties. The bill's stated purpose is to let Pennsylvanians designate beneficiaries to inherit their real property at death without going through probate.
The steps so far, based on LegiScan's history:
January 9, 2026: introduced and referred to the House Judiciary Committee
February 4, 2026: reported as committed, given first consideration and laid on the table
August 13, 2026: corrective reprint, Printer's No. 3818
Nothing in that record shows a vote by the full House, a Senate referral or a signature. If the bill becomes law, its text will set when it takes effect, so anyone planning around it should wait for the final version. You can follow it on the General Assembly's website at palegis.us by searching for HB 2124 in the 2025 to 2026 session.
In the meantime, be careful with online forms. A transfer on death deed form written for another state has no Pennsylvania statute giving it effect, and relying on one could leave a family with a house that still has to go through the estate.
What Can Pennsylvania Homeowners Use Instead?
Several tools already exist. Each has tradeoffs, and the right one depends on the family, the property and the goal.
A revocable living trust
Real estate titled in the name of a revocable trust passes to the trust's beneficiaries under the trust terms rather than through probate. The owner usually serves as trustee during life and keeps control. Our post on whether you need a living trust in Pennsylvania walks through how that works and when it makes sense.
Joint ownership with right of survivorship
When two people own property as joint tenants with right of survivorship, the survivor becomes the owner at the first death. Our guide to which assets are subject to probate in Pennsylvania covers how jointly held property passes.
Deeding the house to your children now
This is the option people ask about most, and it carries the most risk. Our firm's page on transferring a home to your children explains why we generally do not recommend it for estate planning: once a child's name is on the deed, the child's creditors can file a lien against the home, and if the child dies first, the parent can owe inheritance tax on the child's share coming back.
A will
A will does not avoid probate, but it controls who receives the house and who handles the estate. For many families, a will plus good beneficiary designations is enough. Our post on how to avoid probate court compares these approaches side by side.
Does Skipping Probate Also Skip Pennsylvania Inheritance Tax?
No. Probate and inheritance tax are separate systems, and avoiding one does not avoid the other.
The Pennsylvania Inheritance Tax Return, form REV-1500, includes Schedule F for jointly owned property and Schedule G for inter-vivos transfers and non-probate property. Property that never goes through probate can still be reportable and taxable. The Department of Revenue's published rates are 0 percent for a surviving spouse, 4.5 percent for lineal heirs such as children and grandchildren, 12 percent for siblings, and 15 percent for other heirs.
So a trust or joint deed may save time and court costs, but a child who receives a house through either one should still expect the inheritance tax question to come up. Our Pennsylvania inheritance tax page explains the filing deadline and the early payment discount.
Can You Name a Beneficiary for a Car or an Investment Account?
For investments, often yes. Pennsylvania adopted a transfer on death security registration law in Chapter 64 of Title 20 of the Pennsylvania Consolidated Statutes, which lets securities and brokerage accounts be registered in beneficiary form. Our post on whether beneficiary designations override a will explains how those designations interact with the rest of an estate plan.
For vehicles, PennDOT's April 2025 fact sheet on vehicle transfers after the death of an owner describes no beneficiary designation for titles. It explains that a jointly titled vehicle passes automatically to the surviving owner, that letters from the Register of Wills are needed only when the decedent was the sole owner or held the title as tenants in common, and that form MV-39 is used to assign the title after a death.
What Should You Do While the Bill Is Pending?
Start with what you own and how it is titled. A few practical steps:
Pull a copy of your deed and confirm exactly whose names are on it and how.
Check the beneficiary designations on retirement accounts, life insurance and investment accounts.
Decide whether probate avoidance, control, creditor protection or tax is the real priority. The answer changes the tool.
Do not record a transfer on death deed form. Until Pennsylvania law changes, it may not accomplish anything.
Review your plan again if HB 2124 or a similar bill is signed.
FAQ
Can I record a transfer on death deed in Westmoreland County?
Pennsylvania has no statute that gives a transfer on death deed legal effect as of September 2026. Talk with an estate planning attorney before recording any deed meant to transfer property at death.
Is House Bill 2124 law yet?
No. LegiScan shows it was reported by the House Judiciary Committee on February 4, 2026, laid on the table, and reprinted on August 13, 2026, with no floor vote.
Does Pennsylvania allow transfer on death registration for anything?
Yes. Securities and brokerage accounts can be registered in beneficiary form under Chapter 64 of Title 20.
Will my children owe inheritance tax on a house that avoids probate?
Usually, yes. The REV-1500 return has schedules for jointly owned and non-probate property, and transfers to children are generally taxed at 4.5 percent.
Does putting my child on my deed avoid probate?
A joint deed with right of survivorship passes to the survivor, but it also exposes the home to the child's creditors. Our firm generally does not recommend it for that reason and others.
Can I name a beneficiary on my car title in Pennsylvania?
PennDOT's 2025 fact sheet on transfers after death describes no transfer on death option for titles. Joint ownership and the MV-39 process are the usual routes.
Planning for Your Home With David K. Lucas & Associates
David K. Lucas & Associates PLLC is a Greensburg law firm at 140 South Main Street, Suite 301, that concentrates on estate planning, probate and family law. Attorney David K. Lucas prepares wills, powers of attorney, living wills and living trusts and handles estate administration and probate for clients in Westmoreland, Allegheny, Somerset, Washington and Fayette Counties. If you want your home to pass smoothly, we can review your deed, your beneficiary designations and your will together and explain your options under current Pennsylvania law. Learn more about our living trust planning.
Visit David K. Lucas & Associates or call 724-836-3300 today. Contact us for more information.
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