How can I legally transfer title to the property when no one has taken ownership since the tenant’s death? - Pennsylvania
The Short Answer
In Pennsylvania, you generally cannot “just transfer” title because a tenant died and no one has stepped forward. Title to a decedent’s real estate typically passes at death to the decedent’s heirs (if no will) or devisees (if there is a will), but clearing and recording marketable title usually requires probate action or a court order.
If the decedent’s family is unknown, uncooperative, or no estate has been opened, you will usually need a probate attorney to identify the proper heirs/devisees and use the correct Orphans’ Court process to create a recordable chain of title.
What Pennsylvania Law Says
Pennsylvania draws a key distinction between who owns the decedent’s real estate at the moment of death and what it takes to prove/transfer that ownership in a way a title company and Recorder of Deeds will accept. Under Pennsylvania law, legal title to a decedent’s real estate passes at death to the heirs or devisees, but it remains subject to the estate’s administration and court orders.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the decedent’s heirs or devisees (subject to the powers of the personal representative and court orders), which is why a “vacant” or “unclaimed” property after death often still has legal owners—even if no one is managing it.
In some situations, the Orphans’ Court can also authorize distribution of certain personal property through a small-estate petition process, which can help move an estate forward even when full administration is impractical. See 20 Pa.C.S. § 3102 (small estates on petition).
Related reading: How Do I Transfer a Deed Into My Name After a Death in Pennsylvania?
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when “no one has taken ownership” and the property has been sitting in limbo. Legal outcomes often depend on:
- Who actually has title: Under 20 Pa.C.S. § 301, title may already be in heirs/devisees, but identifying them (and proving it) can require genealogical work and court filings.
- Authority to sign a deed: Even if heirs exist, a deed typically must be executed by the right parties (or by a court-authorized personal representative) to be recordable and insurable.
- Estate administration powers: A personal representative may have the right to possess and administer estate property during administration, including real estate, which can affect who can control the property and collect rents. See 20 Pa.C.S. § 3311.
- Risk of clouded title and future disputes: If the wrong process is used, you can end up with a deed that doesn’t fix the chain of title—creating problems for refinancing, sale, eviction actions, or future claims by later-discovered heirs.
Trying to handle this alone can lead to a non-marketable title, rejected recordings, or litigation—especially if there is no will, unknown heirs, unpaid taxes, liens, or a landlord-tenant dispute layered on top of the death.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.