Detailed Answer under Pennsylvania Law
When a property owner dies with real estate in another jurisdiction, heirs must follow both Pennsylvania probate rules and the recording requirements of the state where the property sits.
1. Obtain Letters of Administration or Testamentary
Before any deed execution, a personal representative must secure court authority. In Pennsylvania, the Orphans’ Court issues Letters Testamentary (testate) or Letters of Administration (intestate) under 20 Pa.C.S. § 3104. These letters empower the executor or administrator to act on behalf of the estate.
2. Choose the Appropriate Deed
If the decedent’s name remains on the title, the personal representative signs an executor’s deed (with a will) or an administrator’s deed (no will), authorized by 20 Pa.C.S. § 3383. If the estate closes and title vests in individual heirs, each heir can execute a quitclaim deed to release their interest or a general warranty deed to guarantee clear title. Use the deed form required by the jurisdiction where the property is located.
3. Notarize and Record the Deed in the Other Jurisdiction
The deed must be signed in the presence of a notary public and any required witnesses. File the original with the county recorder or register of deeds in the jurisdiction where the property is located. You must include any cover sheet, pay transfer taxes or documentary stamps, and cover recording fees. Recording requirements vary, so confirm details with the local clerk’s office.
Helpful Hints
- Speak with the Orphans’ Court in the decedent’s county to start probate proceedings.
- Check the specific deed form and execution rules for the state and county where the property sits.
- Factor in transfer taxes, documentary stamps, and local recording fees before preparing the deed.
- Consider ordering a title search or securing title insurance to ensure clear ownership.
- Keep certified copies of Letters of Administration or Testamentary and recorded deeds for your records.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation.