Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Pennsylvania, understanding which assets avoid probate helps heirs plan effectively. Real property may transfer automatically outside probate, but a will still needs court review for assets it governs.
1. Automatic Transfer of Real Property
- Joint Tenancy with Right of Survivorship: Co-owners hold equal shares. On death, ownership passes directly to surviving tenant without probate.
- Tenancy by the Entirety: Spouses own property as a single unit. The survivor keeps full title automatically.
- Transfer on Death Deed: Under 68 Pa.C.S. §§ 7701–7709, an owner can record a deed that names a beneficiary to receive title at death, bypassing probate.
2. Why Probate the Will?
Probate is the court process that validates a will and ensures assets not passing automatically distribute according to the decedent’s wishes. Key reasons to probate include:
- Authenticating the will and appointing an executor (20 Pa.C.S. § 3101).
- Identifying and collecting assets subject to the will.
- Paying valid debts, taxes, and final expenses.
- Distributing remaining assets to beneficiaries under the will.
Real property held in sole name without joint-tenant designation or transfer on death deed must clear title in probate. If your will leaves such property to someone, the executor must probate the will to transfer legal title.
Helpful Hints
- Review your deed and title documents to identify survivorship designations.
- Consider a transfer on death deed for unwanted probate on real estate.
- Inventory all assets—bank accounts, investments, and personal property—for probate planning.
- Consult a licensed Pennsylvania attorney to confirm your estate plan follows state requirements.
- Use the small estate affidavit procedure (20 Pa.C.S. § 908) if total probate assets are under $50,000.