Does Pennsylvania have a transfer-on-death deed?

No. Pennsylvania has not adopted a transfer-on-death (TOD) deed for real estate. Many states allow a TOD or 'beneficiary' deed that passes a home to a named beneficiary at death without probate, but Pennsylvania is not one of them. A TOD deed recorded here would not be effective.

Can I put a transfer-on-death beneficiary on my house in PA?

Not on real estate. You can name transfer-on-death (TOD) or payable-on-death (POD) beneficiaries on bank accounts, brokerage accounts, and vehicles in Pennsylvania — but not on your house. Real estate needs a different tool to avoid probate.

How do I avoid probate on real estate in Pennsylvania without a TOD deed?

The main options are a revocable living trust (you keep control during life and the home passes without probate) or a life estate deed (the home passes automatically to remainder beneficiaries at death). Jointly owning property with right of survivorship also avoids probate on that asset, though it has its own tax and control trade-offs.

Do POD and TOD designations work for bank accounts in Pennsylvania?

Yes. Payable-on-death and transfer-on-death designations work well for financial accounts in Pennsylvania — the account passes directly to the named beneficiary outside probate. Just remember the asset is still subject to Pennsylvania inheritance tax.

Transfer-on-Death Deeds in Pennsylvania: Why You Can't Use One

Transfer-on-death deeds have become popular in many states as a simple, do-it-yourself way to pass a home to your children without probate. If you have read about them and want one for your Pennsylvania property, here is the short version: you can't have one — Pennsylvania doesn't allow TOD deeds for real estate. Here is what that means and what to use instead.

What a Transfer-on-Death Deed Is

In states that allow them, a transfer-on-death deed (also called a beneficiary deed) lets you name a beneficiary who automatically receives your real estate when you die — much like a payable-on-death beneficiary on a bank account. You keep full ownership and control during your life, and there is no probate on the property. It is appealing because it is simple and revocable.

Why It Doesn't Work in Pennsylvania

Pennsylvania has not adopted the transfer-on-death deed. There is no Pennsylvania statute authorizing one, so a TOD or "beneficiary" deed recorded for a Pennsylvania home has no legal effect. The same is true of the Lady Bird deed — another out-of-state probate-avoidance tool that Pennsylvania does not recognize.

Importantly, this only applies to real estate. Pennsylvania does allow transfer-on-death and payable-on-death designations on financial accounts — bank accounts, brokerage accounts, and vehicles can pass directly to a named beneficiary outside probate.

What to Use Instead in Pennsylvania

To keep your home out of probate, Pennsylvania gives you well-established options:

Revocable Living Trust

The best fit for most families who want flexibility. You move the home into a trust but stay in control as trustee — you can sell, refinance, or revoke it anytime. At death, the home passes to your beneficiaries without probate, and they keep the stepped-up basis.

Life Estate Deed

A life estate deed passes your home automatically to your children at death and preserves the step-up — but it is an irrevocable gift of the remainder, so you give up the ability to sell or refinance on your own.

Beneficiary Designations for Accounts

For everything that isn't real estate, use POD/TOD designations. Keep them current — an outdated beneficiary is one of the most common estate mistakes.

A Well-Drafted Will

Real estate that passes by will does go through probate, but Pennsylvania probate is more straightforward and affordable than many people expect — especially for a simple estate.

The Bottom Line

Don't rely on a transfer-on-death deed for your Pennsylvania home — it won't work. The right probate-avoidance tool here is usually a revocable living trust or a carefully considered life estate deed, chosen for your control needs, Medicaid timeline, and tax situation.

At Ament Law Group, we help Western Pennsylvania families put the right Pennsylvania tool in place. Call (724) 733-3500 or schedule a free consultation.

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John W. Ament, Esq.

John W. Ament is a partner and co-founder of Ament Law Group, P.C. in Murrysville, PA. He holds a J.D./M.B.A. from Duquesne University and is a member of the National Academy of Elder Law Attorneys (NAELA), PAELA, and the Pittsburgh Estate Planning Council.

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