Detailed Answer
Short summary: When a co-owner listed on a deed dies, ownership can pass automatically to surviving joint owners if the deed creates a right of survivorship. To clean up county records you typically record the decedent’s certified death certificate plus a short affidavit or similar document at the Recorder (or Register) of Deeds. If the deceased owner’s interest passed to an estate (no survivorship or ambiguous language), you usually need probate (or a court order) before the deed can be changed. This answer explains the common scenarios and the practical steps under Pennsylvania law.
1. Identify how the original deed vested ownership
Look at the recorded deed language. Common phrases and consequences:
- “Joint tenants with right of survivorship” or similar—when one co-owner dies, the surviving co-owner(s) automatically own the full title by operation of law.
- “Tenants in common”—each owner’s share does not pass automatically on death; the deceased owner’s share goes to that person’s heirs or as the will directs.
- “Tenancy by the entirety”—used for married couples in many states; on the death of one spouse the other spouse generally owns the property outright.
If the deed’s language is unclear, or if multiple phrases appear, the conveyance may be ambiguous and you might need legal help or a court action to determine title.
2. If the deed clearly creates survivorship (surviving co-owner exists)
Even though title vests automatically in the survivor, you should record documents that make the county records reflect the current owner(s). Typical steps:
- Obtain a certified copy of the decedent’s death certificate from the state or county vital records office.
- Prepare an Affidavit of Death of Joint Tenant or Affidavit of Survivorship (county-specific wording may vary). The affidavit states the decedent’s name, date of death, the recorded deed book/page (or instrument number), and that the remaining owner(s) are the surviving joint tenant(s).
- Have the affidavit signed and notarized by the surviving owner(s).
- Record the affidavit and the certified death certificate with the county Recorder (often called the Recorder of Deeds or Register of Wills/Deeds) where the property is located. Some counties require a copy of the recorded deed or the instrument number for reference.
- Pay the county recording fees and any real estate transfer or documentary stamp fees if applicable (most survivorship recordings do not trigger a transfer tax, but verify locally).
Recording these items creates a public record showing the surviving owner(s) and clears title for future transactions (sale, refinancing, taxation, etc.). Check your county recorder’s website for any required local forms and fee schedules.
3. If the deceased co-owner’s interest did not pass by survivorship
When the deed created tenants in common (or another form that does not include survivorship), the decedent’s share goes to the estate. Common steps:
- Determine whether the decedent left a valid will. If so, the executor named in the will must usually obtain Letters Testamentary from the probate court. If there is no will, an administrator is appointed by the court.
- Open probate (register the will and have the court issue Letters Testamentary or Letters of Administration). The Pennsylvania courts publish general information about decedents’ estates and procedures at the Unified Judicial System: https://www.pacourts.us/. Specific statutes are in Title 20, Decedents, Estates and Fiduciaries: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.
- Once the personal representative has authority (Letters), the representative can convey the decedent’s interest by executing a new deed (for example, Executor’s Deed) that the representative signs and records. The county Recorder records the new deed to show the current owners of record.
4. If the deed language is ambiguous or there is a dispute among heirs
If ownership is unclear, or multiple people claim the property, one common solution is a quiet-title or declaratory-judgment action in the county court to obtain a definitive court order declaring ownership. A quiet-title action asks a court to determine competing claims and to clear the record.
5. After recording: practical follow-up steps
- Order an updated title search or title report to confirm the chain of title is clear.
- Provide copies of the recorded affidavit/deed to the mortgage lender, homeowner’s insurer, and county tax/assessment office to update billing and tax records.
- Keep certified copies of recorded documents and the death certificate in your permanent records.
6. Typical documents you will need
- Certified death certificate(s) of the deceased co-owner(s).
- Recorded copy of the original deed (book/page or instrument number).
- Affidavit of Death of Joint Tenant or Survivorship Affidavit (notarized).
- If estate transfer required: Letters Testamentary or Letters of Administration from the probate court; executor’s deed.
- Valid photo ID for the surviving owner(s) or personal representative.
7. Where to record and county variations
Recording rules and required forms vary by county in Pennsylvania. Search the county Recorder of Deeds (or Register of Wills/Deeds) website for recorded deed look-up, local affidavits, fee schedules, and acceptable document formats. If you are unsure which office handles recording in a specific county, the Pennsylvania Consolidated Statutes on real property (Title 68) contains statewide law governing real property: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68.
8. When to get legal help
Consider hiring an attorney if:
- The deed language is ambiguous or old and you cannot determine whether survivorship applies.
- There is a dispute among heirs or co-owners.
- The property must pass through probate and the estate is complex (liabilities, multiple properties, creditors).
- You need a court order (quiet title) or there are title defects.
Even when the process seems straightforward, a real estate attorney or title company can prepare the correct affidavit or deed and ensure recording is done properly so future buyers or lenders face no title problems.
Relevant Pennsylvania statutes and official resources
- Real property statutes (Title 68, Real and Personal Property): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=68
- Decedents, Estates and Fiduciaries (probate rules and executor authority): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
- Pennsylvania Unified Judicial System (general probate and court information): https://www.pacourts.us/
Bottom line: If the deed clearly shows survivorship, the survivor owns the property automatically and the usual, practical step is to record a certified death certificate plus a short affidavit to clear county records. If survivorship did not apply, you will likely need probate and a deed executed by the estate’s personal representative. When in doubt, contact the county Recorder of Deeds and consider consulting a Pennsylvania real property attorney.
Disclaimer: This article is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed attorney in Pennsylvania.