Does Pennsylvania Allow Transfer on Death Deeds?

Pennsylvania does not authorize transfer on death deeds. 4 alternatives are available to transfer real property at death without probate.

Why TOD deeds aren't available in Pennsylvania

Pennsylvania does not allow TOD deeds for real property. Pennsylvania's TOD statute (20 Pa.C.S. Ch. 64, 6401-6413) is titled "Transfer on Death Security Registration" and applies only to securities, not real estate.

Pennsylvania has a TOD registration statute for securities (20 Pa.C.S. Ch. 64, 6401-6413) but this does not extend to real property. Senate Bill 890 (2025-2026 session) would adopt the Uniform Real Property Transfer on Death Act as a new Chapter 21B of Title 20. The Senate Judiciary Committee amended the bill on June 23, 2026 to add the transfer-on-death provisions, and the Senate gave it second consideration on June 25, 2026. It has not received third consideration, has not moved to the House, and has not been enacted. A separate House bill, House Bill 2124, was laid on the table on February 4, 2026 and received a corrective reprint (Printer's No. 3818) on August 13, 2026; it remains on the table. As of August 24, 2026, Pennsylvania has no transfer on death deed statute for real property. Source: https://www.palegis.us/legislation/bills/2025/sb890

Alternatives for Pennsylvania

These mechanisms transfer real property at death without probate in Pennsylvania:

  • •
    Revocable living trust
  • •
    Joint tenancy with right of survivorship
  • •
    Tenancy by the entirety (married couples)
  • •
    Life estate deed

Consult a licensed attorney for help choosing the right mechanism for your situation.

Legislation pending

SB 890 (PN 1837) (2025-2026 Regular Session) is pending. Last action: Amended in Senate Judiciary to add the Uniform Real Property Transfer on Death Act (proposed 20 Pa.C.S. Ch. 21B); second consideration in the Senate. If enacted, effective 180 days after signing.

Frequently asked questions

Pennsylvania does not allow TOD deeds for real property. Pennsylvania's TOD statute (20 Pa.C.S. Ch. 64, 6401-6413) is titled "Transfer on Death Security Registration" and applies only to securities, not real estate.

Pennsylvania recognizes 4 alternatives for transferring real property outside of probate: Revocable living trust; Joint tenancy with right of survivorship; Tenancy by the entirety (married couples); Life estate deed.

No. Real property transfers are governed by the state where the property is located. A TOD deed signed under another state's law has no effect on real property in Pennsylvania.

Yes. SB 890 (PN 1837) (2025-2026 Regular Session) is pending — last action: Amended in Senate Judiciary to add the Uniform Real Property Transfer on Death Act (proposed 20 Pa.C.S. Ch. 21B); second consideration in the Senate. If enacted, effective 180 days after signing.