The Short Answer

In Pennsylvania, whether you need to “change the name on the deed” after your spouse dies depends on how the property was titled. If you and your spouse owned the home as tenants by the entireties (common for married couples), the surviving spouse typically becomes the sole owner automatically by operation of law—though you may still want to record documents to keep the public land records clear.

If the property was titled in your spouse’s name alone or as tenants in common, then the home usually transfers through the estate (by will or intestacy), and you may need probate-related authority before title can be updated.

What Pennsylvania Law Says

Pennsylvania distinguishes between property that passes outside probate (like many survivorship ownership arrangements) and property that becomes part of the decedent’s estate. As a starting point, Pennsylvania law provides that legal title to a decedent’s real estate passes at death to the heirs or devisees, but it remains subject to estate administration powers and court orders—meaning the “right person” to sign and record documents can depend on the estate posture.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 301.

This statute establishes that, at death, legal title to real estate passes to the decedent’s heirs or devisees (subject to the powers of the personal representative and court orders), which is why deed/title changes after a death often require careful analysis of ownership and the estate process.

Also, if the home was held with survivorship features (including many married-couple deeds), Pennsylvania has rules addressing how property is treated when co-owners die at or near the same time. See 20 Pa.C.S. § 8503 (simultaneous death rules for joint tenants/tenants by the entirety).

For more background reading, you may find these helpful: Tenancy by the Entirety and survivorship in Pennsylvania and transferring a deed into your name after a death.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your specific deed and family situation is rarely simple. Legal outcomes often depend on:

• How the deed is titled: “Tenants by the entireties,” “joint tenants with right of survivorship,” and “tenants in common” can lead to very different results for what happens at death and what paperwork is needed to clear title.
• Burden of proof and documentation: Title companies, lenders, and county recording offices often require specific proof (death documentation, estate documentation, or court decrees) before they will recognize a transfer for refinancing or sale.
• Competing claims and exceptions: Issues like simultaneous death questions, prior marriages, unclear deeds, or disputes about heirs can derail a straightforward transfer and create clouds on title that are expensive to fix later.

Trying to handle this without legal guidance can delay a sale or refinance, create title defects, or trigger avoidable probate litigation.

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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.