Detailed Answer

When a parent dies without a will in Pennsylvania, the estate is “intestate.” That means state law — not the decedent’s wishes — determines who inherits the house. The process to get the property into you and your siblings’ names usually requires opening a probate (estate) case, identifying heirs, settling debts and taxes, and recording a deed that transfers title to the heirs.

Who inherits under Pennsylvania law?

Pennsylvania’s intestacy statutes set the order of heirs (spouse, children, parents, siblings, etc.). Which relatives inherit and in what shares depends on who survives the decedent. For the statutory rules, see Pennsylvania’s intestate succession statutes (Title 20, Chapter 21): 20 Pa.C.S. Chapter 21 — Intestate Succession.

Typical step-by-step process to transfer the house into heirs’ names

1. Confirm ownership and title issues. Check the deed to see how the deceased owned the property (sole name, joint tenancy, tenancy by the entirety, or with rights of survivorship). Joint owners with rights of survivorship usually keep the property automatically. If the deed is in the decedent’s sole name, probate is usually required.
2. Locate the Register of Wills in the county where your parent lived. You must open an estate there. The Register of Wills accepts the death certificate, starts the probate process, and issues Letters of Administration to the person appointed to manage the estate (often a family member who petitions the court).
3. Petition for appointment of an administrator. If there is no will, an heir or another qualified person files for Letters of Administration so someone can legally act for the estate. The administrator gathers assets, pays valid debts, and distributes property under the intestacy rules.
4. Identify heirs and gather documentation. The administrator prepares an inventory (including the house), locates heirs, and collects documents: death certificate, deed, mortgage statements, property tax records, marriage and birth records (to prove relationships), and any title policy or prior wills that might exist.
5. Handle creditors and taxes. The estate must pay valid debts and any required Pennsylvania inheritance tax. Check the Pennsylvania Department of Revenue’s guidance on inheritance tax and required filings: PA Dept. of Revenue — Inheritance Tax. The estate may also need to file a federal estate tax return in large estates.
6. Obtain an order or prepare a deed to the heirs. Once debts and taxes are settled (or appropriate bonds arranged), either the Orphans’ Court issues an order directing distribution to heirs, or the administrator executes a deed transferring the real estate to the heirs. The administrator’s deed (sometimes called an administrator’s deed) must be properly signed and notarized.
7. Record the deed with the county Recorder (Register) of Deeds. Recording the deed in the county where the property sits puts the new ownership on public record. Also update property tax records and homeowner’s insurance as needed.

When probate might be avoidable

Sometimes probate can be avoided:

• If the house was owned jointly with rights of survivorship.
• If the house was placed in a trust before death.
• In limited situations, an affidavit procedure or simplified estate process may apply — but these are fact-specific and rare for real property. Title companies often want a probate court order or administrator’s deed to insure clear title.

Where to go for filings and local procedures

Estate administration procedures and forms are handled by the county Register of Wills and the Orphans’ Court. Practical information and county contacts are available through the Pennsylvania courts site: Pennsylvania Courts. Because county procedures differ, call or visit the Register of Wills in the county where your parent lived to confirm exact steps and required forms.

Typical timeline and costs

Cost and time vary. Small, uncontested estates where heirs cooperate can conclude in several months. Estates with complex assets, creditors, tax issues, or family disputes can take a year or more. Costs can include probate/filing fees, attorney fees, appraisal fees, tax payments, and recording fees.

Common problems and how to avoid them

• Not checking the deed: Some properties already pass outside probate (joint deeds). Always verify the deed before opening probate.
• Failing to file inheritance tax: That can delay closing the estate and recording title.
• Disagreements between heirs: If heirs disagree, the Orphans’ Court may need to resolve disputes, which increases time and cost.
• Outstanding mortgage or liens: The mortgage remains attached to the property; the estate or heirs must address it before or after transfer.

Recommended documents to gather now

• Death certificate
• Original deed and any prior deeds
• Mortgage statement and payoff information
• Property tax bills
• Any title insurance policy
• Birth/marriage certificates to prove relationships
• Bank statements and lists of other assets and debts

When to consult an attorney

Consider a probate or real estate attorney if:

• The title to the house is complex or unclear.
• There are disputes among heirs.
• The estate has significant debts, taxes, or third-party claims.
• You want help preparing deeds, court petitions, or tax filings.

Statutory references: Pennsylvania’s intestate succession rules are in Title 20, Chapter 21: 20 Pa.C.S. Chapter 21 — Intestate Succession. For inheritance tax details, see the Pennsylvania Department of Revenue: PA Dept. of Revenue — Inheritance Tax.

Helpful Hints

• Get multiple certified copies of the death certificate early; many agencies require originals.
• Start with the county Register of Wills website or phone line — they often list forms and fee schedules.
• Order a title search before recording a transfer. A title company can reveal liens, mortgages, or clouds on title.
• If heirs plan to keep the house together, create a written agreement about maintenance, taxes, and sale decisions.
• If you are offered quick cash from a buyer before probate, be cautious — good title typically requires probate completion or an administrator’s deed.
• Keep careful records of all estate transactions — payments, receipts, and distributions — in case the Register of Wills or Orphans’ Court requests them.

Disclaimer: This article explains general procedures under Pennsylvania law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Pennsylvania attorney or the county Register of Wills.