Legal Update
Pennsylvania Still Doesn't Allow Transfer-on-Death Deeds, But Proposed Legislation Could Change That
Last updated March 2026
Marc Lynde5 min read
Marc Lynde
Marc Lynde
Marc LyndeOne of the most common questions I hear from clients planning their estates is: “Can’t I just name someone to inherit my house so it skips probate?”
The answer in Pennsylvania is complicated. We have several workarounds (trusts, joint tenancy, life estates), but they all come with drawbacks. Meanwhile, 22 other states have adopted a simpler solution: transfer-on-death deeds.
Pennsylvania has the chance to join them. House Bill 2124 would bring the Uniform Real Property Transfer on Death Act to the Commonwealth. The bill passed the House Judiciary Committee 26-0 on February 4, 2026, and was laid on the table, a procedural step that keeps it alive for consideration.
A TOD deed is elegantly simple. During your lifetime, you execute a deed naming a beneficiary to receive the property at your death. The deed is entirely revocable. You can change your mind, sell the property, mortgage it, or modify the beneficiary at any time. Upon your death, the property passes to the named beneficiary outside of probate.
It’s functionally similar to how a payable-on-death bank account works. Except for real estate.
The beneficiary acquires no ownership interest during your lifetime. You retain all rights to live in, use, rent, mortgage, or sell the property. The named beneficiary simply has a future interest that vests only upon your death. And unlike some other probate avoidance techniques, a TOD deed doesn’t create gift tax consequences or expose the property to creditors of the beneficiary.
Pennsylvania has been slow to adopt this uniform act. That’s not because of legal objections. The 22 states that have enacted it haven’t reported problems. It’s mostly inertia and competing legislative priorities. But the trend nationally is clear, and the bar associations in states that adopted it have generally supported the reform.
Without TOD deeds, Pennsylvanians resort to alternatives, each imperfect:
Joint tenancy with right of survivorship. This is common but creates present ownership interests that can trigger gift tax, expose the property to creditors of the joint owner, and strip you of control if the other owner becomes incapacitated or acts unethically.
Revocable living trusts. Effective and powerful, but they require upfront legal work, funding the trust with deed transfers, and ongoing management. They’re more expensive to set up than a simple TOD deed would be.
Life estate deeds. These allow you to retain a life estate while naming a remainder person to inherit after you die. They avoid probate but create complications if you need to refinance or sell, and they remove your flexibility.
Ladybird or enhanced life estate deeds. These are recognized in Florida and other states, but Pennsylvania does not recognize them. I see this misconception regularly. If an out-of-state attorney suggests a ladybird deed for your Pennsylvania property, be skeptical.
Each workaround adds cost, complexity, or risk. A TOD deed would be simpler, more affordable, and more flexible.
If enacted, TOD deeds would give Pennsylvania families an efficient new option. For estates with real property but modest values, the classic “leave my house to my kids” scenario, a TOD deed could replace the need for a revocable trust entirely. For more complex estates, it could simplify planning alongside other techniques.
The bill fills a real gap. We’re increasingly behind neighboring states on this, and clients deserve access to a tool that 22 other states already offer.
HB 2124 is alive but not yet passed. Bills laid on the table can be taken up again at any point in the session. Whether it advances this year is uncertain. But the legislative momentum appears to be there.
If you own real property in Pennsylvania and want to simplify what happens to it at your death, don’t wait for the law to change. We can help you evaluate whether a revocable trust, life estate, or other current mechanism makes sense for your situation. Most clients benefit from planning done now, whether or not Pennsylvania eventually adopts TOD deeds.
If you want to keep your real estate out of probate, call us at (215) 949-0888 or visit lawyermarc.com. We can tell you which approach actually makes sense for your property.
Need help with estate planning for your real estate? Ballow & Lynde represents clients throughout Bucks County in estate planning and real estate matters. Schedule a free consultation or call us at 215-949-0888.
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