The Short Answer

In Pennsylvania, a fraudulent deed affecting a decedent’s real estate can often be challenged in Orphans’ Court through a petition that asks the court to declare the conveyance void and cancel it from the land records. The right approach depends on who signed the deed, when it was recorded, and whether there is an open estate with a personal representative who can act for the estate.

What Pennsylvania Law Says

When a Pennsylvania resident dies owning real estate, title generally passes at death to the heirs or devisees (subject to estate administration and court orders). That matters because the “right plaintiff” and the “right court” can change depending on whether the estate is open and whether the deed purports to transfer the decedent’s interest.

The Statute

The primary law governing fraudulent conveyances of a decedent’s real estate in Orphans’ Court is 20 Pa.C.S. § 3546.

This statute authorizes a qualifying petitioner (such as an heir/devisee or someone claiming through them) to ask the Orphans’ Court to have a fraudulent conveyance of the decedent’s interest in real estate declared void, unenforceable, and canceled of record—potentially including later transfers and liens that stem from that fraudulent deed.

Relatedly, Pennsylvania law also explains how title to a decedent’s real estate passes at death: 20 Pa.C.S. § 301.

If you want more background on deed problems that come up during estate administration, you may also find helpful: How Do Unrecorded or Unsigned Deeds Affect Probate Property Administration 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. Legal outcomes often depend on:

• Strict Deadlines: Delay can create defenses like laches or limitations arguments, and timing can also affect third-party purchasers and lienholders. If the property has been in someone else’s possession for a long time, adverse-possession concepts and quiet-title issues may also come into play. See, e.g., 42 Pa.C.S. § 5527.1 (quiet title action required for certain adverse possession claims).
• Burden of Proof: Proving “fraudulent conveyance” under the statute may require evidence of forgery, fraud/misrepresentation, duress/coercion, or other improper means used to obtain the signature—often requiring records, witnesses, and sometimes handwriting/authentication issues. See 20 Pa.C.S. § 3546(i).
• Proper Parties and Notice: These cases can require notice to heirs/devisees, the personal representative (if one exists), and anyone claiming an interest (buyers, mortgagees, judgment creditors). Mistakes in who is named or how notice is handled can derail the case. See 20 Pa.C.S. § 3546(f).

Because a recorded deed affects marketable title, a misstep can leave the estate unable to sell/refinance, or can invite counterclaims. A Pennsylvania probate attorney can evaluate whether Orphans’ Court relief under § 3546 is the best route, whether additional civil claims (like quiet title) are needed, and how to protect the estate against subsequent transferees and liens.

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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.