How to Handle Property Deeds in Pennsylvania

Understanding Pennsylvania Property Deeds

Property deeds are legal documents that transfer ownership of real estate from one person or entity to another. In Pennsylvania, handling property deeds correctly is essential whether you’re buying, selling, gifting, or estate planning.

A mistake on a deed can lead to serious problems, including:

• Ownership disputes

• Title defects

• Tax complications

• Probate issues after death

That’s why it’s crucial to understand how Pennsylvania deeds work, the different types of deeds available, and how to properly prepare and record them.

Types of Property Deeds in Pennsylvania

Pennsylvania law recognizes several types of deeds, each serving different purposes and offering various levels of protection to the new owner (also called the grantee).

General Warranty Deed

A General Warranty Deed provides the highest level of protection to the buyer. The seller (grantor) guarantees that:

• They have clear ownership of the property

• The property is free of liens or encumbrances (except those disclosed)

• They will defend the buyer against any claims to the title

This deed is typically used in traditional real estate sales.

Special Warranty Deed

A Special Warranty Deed provides limited protection. The seller only guarantees that:

• They have not caused any title issues during their period of ownership

• They are not responsible for problems that existed before they owned the property

Special Warranty Deeds are commonly used in commercial transactions or transfers involving trusts or estates.

Quitclaim Deed

A Quitclaim Deed transfers whatever ownership interest the grantor has, with no guarantees or warranties. This type of deed:

• Offers no protection against title defects

• Is often used between family members, for gifts, or to clear up title issues

Quitclaim Deeds are simple to execute but can be risky if you are unsure about the property’s title history.

Deed of Confirmation

A Deed of Confirmation is used to correct errors in a previously recorded deed. This might involve:

• Fixing a misspelled name

• Correcting property descriptions

• Clarifying ownership details

A Deed of Confirmation does not transfer new ownership but confirms prior intent.

Transfer on Death Deed (TOD)

Currently, Pennsylvania does not recognize Transfer on Death Deeds. Property must be transferred through a will, trust, or other estate planning tools.

How to Prepare a Pennsylvania Property Deed

Preparing a property deed is more than filling out a form. It involves specific legal requirements to ensure the deed is valid and enforceable.

Key Elements of a Valid Deed

To be valid in Pennsylvania, a deed must include:

• The names of the grantor (seller) and grantee (buyer)

• A complete legal description of the property

• The consideration (usually the purchase price, but sometimes $1 for nominal transfers)

• A statement of conveyance (e.g., “grants and conveys”)

• Proper notarization

• Delivery and acceptance by the grantee

Use the Correct Legal Description

The legal description of the property must match the county’s records. It includes lot numbers, dimensions, and parcel information—not just the street address.

Using the wrong description can result in a defective deed that is not legally binding.

Notarization and Witnessing

All Pennsylvania deeds must be signed by the grantor in front of a notary public. Some counties may require witnesses, although this is rare. It’s best to check with your county recorder’s office.

Transfer Tax Considerations

Pennsylvania imposes a realty transfer tax on most property transfers. The statewide rate is 1%, but local municipalities often add additional taxes.

Who Pays Transfer Tax?

• The transfer tax is usually split between the buyer and seller unless otherwise agreed.

• Some transfers (such as between spouses or from parent to child) may be exempt, but you must file the correct forms to claim the exemption.

Recording a Deed in Pennsylvania

After the deed is properly prepared and signed, it must be recorded with the county Recorder of Deeds where the property is located. Recording the deed:

• Protects the new owner’s rights

• Creates a public record of ownership

• Prevents fraudulent claims or disputes

Failure to record a deed can lead to significant legal issues, including challenges to ownership.

Steps to Record a Deed

1. Prepare the deed using the correct format for the specific county.

2. Get the deed notarized to verify the grantor’s signature.

3. Complete the Realty Transfer Tax Statement of Value (unless the transfer is exempt).

4. Submit the deed and documents to the county Recorder of Deeds office.

5. Pay the required recording fees and transfer taxes.

What Happens After Recording?

Once the deed is recorded, the county will:

• Stamp the deed with the recording information

• Return a copy of the recorded deed to the new owner or their attorney

• Update the public property records to reflect the new ownership

Common Situations That Require Deed Changes

Several life events or real estate transactions might require you to handle a new deed in Pennsylvania.

Buying or Selling Real Estate

Whenever property changes hands in a sale, a new deed is prepared and recorded to transfer ownership from the seller to the buyer.

Adding or Removing Someone from the Title

You may need to change a deed to:

• Add a spouse after marriage

• Remove a former spouse after divorce

• Include a child for estate planning purposes

Gifting Property

If you want to gift real estate to a family member, a deed must be prepared, even if no money changes hands. Special tax considerations may apply.

Estate Planning Transfers

Real estate can be transferred into:

• A revocable living trust

• A limited liability company (LLC)

• Joint ownership with rights of survivorship

These strategies can help avoid probate and simplify the transfer of property after death.

Correcting Errors

If an old deed has an error (such as a typo or incorrect legal description), you’ll need to file a Deed of Confirmation to correct the mistake.

Avoid DIY Deeds—Get Legal Help

While online forms for deeds are widely available, handling property deeds is not a do-it-yourself task. Mistakes can cause:

• Title defects that prevent the sale of the property

• Unintended tax consequences

• Loss of ownership rights

• Probate complications

An experienced real estate attorney ensures your deed:

• Meets Pennsylvania’s legal requirements

• Is properly executed and notarized

• Is filed correctly with the county

• Protects your ownership and financial interests

Work with the Ament Law Group for Property Deed Services

At Ament Law Group, PC, we help clients with all aspects of Pennsylvania real estate law, including:

• Preparing and recording deeds

• Real estate transactions

• Gifting property to family

• Estate planning with real estate

• Title and deed corrections

Our attorneys make the process smooth, secure, and stress-free—whether you’re transferring property to a loved one, buying your first home, or planning your estate.

Call Ament Law Group today at (724) 733-3500 for a personalized consultation on handling property deeds in Pennsylvania. We’re ready to protect your property and your future.