Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. Review Recorded Documents at the Recorder of Deeds
Begin by obtaining certified copies of all deed recordings for the property from the county Recorder of Deeds. Look for:
- The original deed showing your parent as sole owner
- Any Transfer on Death (TOD) deed under 20 Pa.C.S. §6110 (link)
- Deeds conveying the property into a trust
2. Determine if a Will or TOD Instrument Exists
If your parent executed a valid will, the property passes according to the will’s terms. Visit the Register of Wills or Orphans’ Court in the county where your parent lived to search probate filings. If you find a Transfer on Death deed, it names a beneficiary who inherits automatically, bypassing probate.
3. Understand Intestate Succession Without a Will
If there is no will or TOD deed, the property passes by Pennsylvania’s intestate succession law. Under 20 Pa.C.S. §2102 (link), distribution depends on survivors:
- If a surviving spouse and no children, the spouse inherits all.
- If a spouse and children, spouse takes a statutory share and children share the remainder.
- If no spouse but children, they inherit equally.
- If no spouse or children, property passes to parents or siblings.
4. Open a Probate Estate or Obtain Letters of Administration
File a petition with the Orphans’ Court to admit a will or, if there is none, to appoint an administrator. The court issues Letters of Administration or Letters Testamentary. The appointed personal representative then has authority to transfer title by recording an Executor’s or Administrator’s Deed.
5. Record the New Deed to Transfer Title
Once the court grants authority, prepare the deed conveying title from the estate to the heirs or beneficiaries. Submit the deed, along with the court’s order and the Letters, to the Recorder of Deeds. Pay any required transfer taxes and recording fees.
Helpful Hints
- Contact the Register of Wills to confirm if a will was filed.
- Search for a trust instrument in the Orphans’ Court docket.
- Check property tax records—they often list current owners.
- Gather death certificate copies; most county offices require them.
- Keep detailed records of all court filings and recorded deeds.
- Consider consulting a probate or estate attorney if you hit any roadblocks.