What Happens to Jointly Owned Property in Pennsylvania When an Owner Dies?
When a joint owner dies in Pennsylvania, what the survivor records is the “Affidavit affecting the title to real estateAct of Nov. 5, 1981, P.L. 328, No. 118 (long title)Verified Oct 26, 2026View source”.
Pennsylvania names the “Affidavit affecting the title to real estateAct of Nov. 5, 1981, P.L. 328, No. 118 (long title)Verified Oct 26, 2026View source”. Any person with personal knowledge may record an affidavit stating the death of a joint owner with the recorder of deeds of the county where the land lies, without an acknowledgment. Recording is permitted, not required, and the statute sets no deadlineAct of Nov. 5, 1981, P.L. 328, No. 118, § 2Verified Oct 26, 2026View source. The affidavit of death is prepared to the Pennsylvania statute's requirements.
Who may sign, in the statute's words: Any person having personal knowledge of the facts and competent to testify concerning them in open courtAct of Nov. 5, 1981, P.L. 328, No. 118, § 1Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratAct of Nov. 5, 1981, P.L. 328, No. 118, § 1, 3Verified Oct 26, 2026View source.
What the statute has it state: the affiant's name, age and residence; a description of the real estate whose title the stated facts may affect; facts showing that the affiant has personal knowledge of the facts stated; the name of the person appearing by the record to be the owner of the real estate at the time the affidavit is recorded; the facts of the death that may affect title to the real estateAct of Nov. 5, 1981, P.L. 328, No. 118, § 3Verified Oct 26, 2026View source.
Filed with the Affidavit affecting the title to real estateAct of Nov. 5, 1981, P.L. 328, No. 118 (long title)Verified Oct 26, 2026View source: Pennsylvania inheritance tax returnTax Reform Code of 1971, § 2136(a)(2), (d), (f); § 2108(a), (b), (c)Verified Oct 26, 2026View source.
Pennsylvania law recognizes tenancy by the entireties between spouses and joint tenancy with a right of survivorship. Where no letters are needed to administer the estate, a certificate of death may also be filed with the county register of wills, who records it. A deed that only asserts a transfer of title by survivorship is not subject to realty transfer taxAct of Nov. 5, 1981, P.L. 328, No. 118, §§ 1-3 (Real Estate - Affidavits Affecting Titles)Verified Oct 26, 2026View source.
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Free forms for settling an estate in Pennsylvania: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Pennsylvania, a surviving joint owner records the “Affidavit affecting the title to real estateAct of Nov. 5, 1981, P.L. 328, No. 118 (long title)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Pennsylvania, the petition asks the Register of Wills of the county of the decedent’s domicile to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; an informal (registrar) track is available20 Pa.C.S. § 901 (register jurisdiction over probate and letters), § 3155 (register grants letters), § 908 (appeal from the register's decree to the Orphans' Court)Verified Sep 8, 2026View source.
Notice to Creditors
In Pennsylvania, the notice to creditors is published for 320 Pa.C.S. §§ 3162, 3381-3392, 3532Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 12 months20 Pa.C.S. § 3532 (one year from first complete advertisement of the grant of letters — a risk-distribution protection period for the personal representative, not a nonclaim bar)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Pennsylvania, a person named as personal representative may renounce the right to servePa. O.C. Rule 10.1; Form RW-06 rev. 01.01.20Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Pennsylvania, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areAct of Nov. 5, 1981, P.L. 328, No. 118, §§ 1-3; 20 Pa.C.S. § 3546; 75 Pa.C.S. § 1114Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Estate Inventory
In Pennsylvania, the personal representative files the estate inventory within 270 days20 Pa.C.S. §§ 3301-3303Verified Sep 15, 2026View source of appointment.
Tools for Settling an Estate in Pennsylvania
Free tools for settling an estate in Pennsylvania: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Pennsylvania, certified death certificates come from the Pennsylvania Department of Health - Division of Vital RecordsPennsylvania Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $20Pennsylvania Department of Health - Division of Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In Pennsylvania, estates with personal property of $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source or less qualify for the Settlement of Small Estates on Petition20 Pa.C.S. § 3102Verified Sep 8, 2026View source, a court procedure short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Pennsylvania requires a final state income tax return for the decedent alongside the federal Form 104072 P.S. § 7302Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Pennsylvania: the personal representative files the estate inventory within 270 days20 Pa.C.S. §§ 3301-3303Verified Sep 15, 2026View source of appointment; creditors have 12 months20 Pa.C.S. §§ 3162, 3381-3392, 3532Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Pennsylvania, the estate either qualifies for the simplified procedure for estates under $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source or goes through probate, where creditors have 12 months20 Pa.C.S. § 3532 (one year from first complete advertisement of the grant of letters — a risk-distribution protection period for the personal representative, not a nonclaim bar)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Pennsylvania levies an inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source, paid by the beneficiary at a rate set by relationship, and no estate tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Pennsylvania, an inheritance is subject to a state inheritance tax72 P.S. § 9116Verified Sep 15, 2026View source at a rate set by the beneficiary's relationship; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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Pennsylvania Estate Settlement Resources
In-depth guides covering Pennsylvania probate, estate administration, and settling an estate.