Short summary: In Pennsylvania, whether jointly held bank accounts or real property pass automatically to a surviving co‑owner or become part of the decedent’s estate depends on how the asset is titled. Assets held with a valid right of survivorship or a payable‑on‑death (POD/TOD) designation typically pass outside probate to the named survivor or beneficiary. Assets held as tenants in common or solely in the decedent’s name generally become part of the estate and are distributed under Pennsylvania’s intestacy rules (Title 20, Chapter 21).

Intestate overview (where to look in the law)

If someone dies without a will (intestate) in Pennsylvania, the distribution of probate assets follows Pennsylvania’s intestacy rules in Title 20, Chapter 21 of the Pennsylvania Consolidated Statutes. See the statutes here: 20 Pa.C.S. Chapter 21 (Intestate Succession). Assets that pass outside probate do not follow those distribution rules.

Joint bank accounts

Common situations for bank accounts:

• Joint account with right of survivorship (JTWROS): If the account is a true joint account that includes a survivorship right, the surviving joint owner generally becomes the sole owner of the funds immediately upon the other owner’s death. The bank usually requires a certified death certificate and identification before releasing funds.
• Payable‑on‑death (POD) or Transfer‑on‑Death (TOD): Accounts with a named POD/TOD beneficiary pass directly to that beneficiary on death and avoid probate.
• Convenience accounts or nominee arrangements: Some joint accounts are set up so a co‑owner can help manage funds but not own them on death. Banks look at account agreements, signatures, funding source, and intent. If the account was only for the decedent’s convenience, the bank or a court may decide the surviving co‑owner does not automatically own the balance.
• No joint designation: If an account is only in the decedent’s name, it becomes a probate asset and will be distributed under intestacy statutes.

Practically, banks frequently freeze accounts when they learn of a death until they receive a death certificate and clear instructions about ownership. If the bank refuses to release funds and a dispute arises, heirs may need to file a claim in probate court.

Jointly held real property and other titled property

How real estate and other titled property pass depends on the form of ownership:

• Joint tenancy with right of survivorship: If title is held as joint tenants with right of survivorship, the surviving joint tenant automatically becomes sole owner of the property when one joint tenant dies. This transfer usually occurs outside probate.
• Tenancy in common: Each tenant in common owns a distinct share. A decedent’s share becomes part of the estate and is distributed under the intestacy rules to heirs.
• Tenancy by the entirety (spouses): Pennsylvania recognizes tenancy by the entirety for married couples for certain property. Property held in this form generally passes to the surviving spouse outside probate.
• No survivorship language or sole ownership: Property titled solely in the decedent’s name becomes part of the probate estate and follows Chapter 21 distribution rules.

Who inherits under Pennsylvania intestacy rules?

For assets that enter probate (i.e., assets not transferred by survivorship, beneficiary designation, or contract), Pennsylvania’s intestacy rules decide the heirs. Examples:

• If the decedent is survived by a spouse and children, the spouse and children typically share the estate in statutory proportions.
• If no spouse or descendants exist, the estate passes to parents, siblings, or more distant relatives under the statutory order.

For the detailed statutory order and shares, see 20 Pa.C.S. Chapter 21 (Intestate Succession).

Common disputes and issues

Common problems family members face after a death include:

• Whether an account was intended to be survivorship or only for convenience.
• Whether a joint owner contributed to the purchase of property (which can affect equitable claims).
• Banks freezing accounts until a personal representative is appointed.
• Claims by creditors against probate assets (creditor claims generally proceed through probate).

Practical steps to take after a death

1. Obtain certified copies of the death certificate from the funeral home or the Vital Records office.
2. Gather account statements, deeds, titles, and any beneficiary designation or account agreements.
3. Contact the bank or title holder, provide a death certificate, and ask what documentation they require to release funds or transfer title.
4. If assets are solely in the decedent’s name and the total estate value is small, check whether Pennsylvania allows a small‑estate affidavit or simplified procedure with the local Register of Wills or probate court.
5. If disputes arise or the ownership is unclear, consider consulting a Pennsylvania probate/estate attorney to review title documents and advise on whether probate, a claim, or quiet‑title action is needed.

When to consult an attorney

Talk with an estate or probate attorney if:

• Large sums or real property are involved and title is unclear.
• Family members dispute ownership or suspected undue influence exists.
• There are significant debts and creditor claims against the estate.