How does joint ownership between spouses affect my right to inherit a property when one spouse died first? - Pennsylvania
The Short Answer
In Pennsylvania, the way the deed is titled often matters more than the will. If spouses owned the home as tenants by the entireties (the most common form of spousal joint ownership), the surviving spouse typically becomes the sole owner automatically at death, and the property usually does not pass through probate.
If the property was not held with survivorship rights (for example, as tenants in common), then the deceased spouse’s share may pass through the estate under a will or Pennsylvania’s intestacy rules.
What Pennsylvania Law Says
Joint ownership can transfer property at death by operation of law (automatic survivorship), meaning the property may never become part of the probate estate. That can override what family members assume will happen “through inheritance,” because the deed’s survivorship feature controls who takes title.
The Statute
The primary law governing survivorship issues for jointly held property (including joint tenants and tenants by the entirety) is 20 Pa.C.S. § 8503.
This statute addresses how property held in joint tenancy or tenancy by the entirety is handled when owners die with insufficient evidence of who died first (a simultaneous-death scenario), reinforcing that survivorship concepts can control distribution outside the usual probate “inheritance” path.
Separately, if a spouse’s interest does become part of the probate estate (for example, because there was no survivorship feature), Pennsylvania’s intestacy rules may determine the surviving spouse’s share. The key intestacy statute is 20 Pa.C.S. § 2102, which sets the surviving spouse’s share depending on whether the decedent had children and/or surviving parents.
Related reading: Tenancy by the Entirety and probate in Pennsylvania and Joint tenancy with right of survivorship in Pennsylvania.
Why You Should Speak with an Attorney
While the general rule sounds straightforward, applying it to your situation can turn on details that are easy to miss and hard to fix later. Legal outcomes often depend on:
- Title language and “survivorship”: The deed (and sometimes later events) can change whether the property transfers automatically to the surviving spouse or goes into the estate.
- Simultaneous-death and proof issues: If there’s uncertainty about the order of death, Pennsylvania’s simultaneous-death rules for jointly held property can change the result. See 20 Pa.C.S. § 8503.
- Exceptions and disqualifications: Certain misconduct-based rules can affect a surviving spouse’s ability to take (and can even redirect entireties property into the estate in specific circumstances). For example, Pennsylvania has a specific rule addressing entireties property in slayer/elder abuse situations. See 20 Pa.C.S. § 8805.
Because real estate title problems can create delays, family conflict, and expensive litigation, it’s worth having a Pennsylvania probate attorney review the deed, the estate plan (if any), and the family tree before anyone relies on assumptions about “inheritance.”
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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.