The Short Answer

In general, property held as tenancy by the entirety transfers to the surviving spouse automatically at death because the survivor already has the built-in right of survivorship. That kind of transfer is typically non-probate—meaning it passes outside the will and the estate administration process.

Because you selected Pennsylvania, the key point is this: Pennsylvania also recognizes survivorship ownership (including tenancy by the entirety), but the exact outcome can depend on how the deed/title is written and whether any exceptions apply.

What Pennsylvania Law Says

In Pennsylvania, survivorship ownership between spouses is recognized in the Probate, Estates and Fiduciaries Code. While tenancy by the entirety is commonly discussed as a real estate concept, the probate code addresses how survivorship property is treated in edge cases (like simultaneous death) and in certain disqualifying situations (like a slayer/elder abuser scenario). The practical effect is that survivorship property is generally treated as passing to the survivor rather than becoming part of the decedent’s probate estate.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 8503.

This statute addresses how property held by joint tenants or tenants by the entirety is distributed when there is not sufficient evidence the co-owners died other than simultaneously—reflecting that survivorship ownership is treated differently than probate property.

Also important is 20 Pa.C.S. § 8805, which creates a specific exception affecting tenancy by the entirety when a spouse is legally disqualified (for example, under the slayer/elder abuse rules). In those situations, the “automatic” transfer may not operate the way people expect.

If your question is specifically about North Carolina’s rule, North Carolina’s tenancy-by-the-entirety survivorship concept is expressly stated in N.C. Gen. Stat. § 41-64, which says the surviving spouse takes by survivorship and the deceased spouse has no descendable estate in the property.

For more background reading, you may also find helpful: joint tenancy with right of survivorship and probate in Pennsylvania and whether jointly owned assets transfer automatically in Pennsylvania.

Why You Should Speak with an Attorney

While survivorship ownership sounds straightforward, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when an asset is “non-probate,” there are often time-sensitive tax, creditor, and estate-administration issues that can affect the surviving spouse’s overall plan and risk exposure.
• Burden of Proof: Disputes can turn on the deed language, whether the spouses were legally married at the relevant time, and whether there is evidence contradicting survivorship intent.
• Exceptions: Pennsylvania has statutory exceptions that can disrupt an automatic transfer in certain disqualifying circumstances (for example, issues addressed in 20 Pa.C.S. § 8805), and multi-state property situations (PA resident with NC property, or vice versa) can introduce conflicts-of-law and administration complications.

Trying to handle this alone can lead to avoidable disputes, delays, or unintended tax/estate consequences—especially when real estate is involved or when there are children from a prior relationship, creditor concerns, or questions about the deed/title.

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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.