The Short Answer

In Pennsylvania, transferring a deceased spouse’s property without a will depends heavily on how the property was titled (for example, jointly vs. solely owned) and whether the asset can pass outside of probate. If the property is part of the probate estate, you typically need the proper estate authority (or a court order in limited situations) before a clean transfer or sale can occur.

What Pennsylvania Law Says

When someone dies owning property, Pennsylvania law recognizes that some assets may remain in the decedent’s estate for administration, while others may pass by operation of law (depending on ownership and beneficiary designations). Even when there is no will, the estate still has to be handled in a way that protects heirs, creditors, and taxing authorities—and title/transfer issues often turn on whether there is an estate opened and who has authority to act.

The Statute

The primary law governing this issue is 53 Pa.C.S. § 8863.

This statute establishes that when a person dies owning real or personal property subject to county taxation, the property may continue to be assessed in the name of the decedent or in the name of the personal representative as long as it belongs to the decedent’s estate—highlighting that the estate (and often a personal representative) remains the legal “holder” for administrative purposes until matters are properly resolved.

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: Certain protections and priority rights can depend on timely recording or action after death. For example, Pennsylvania law can impose a one-year timing requirement in related estate/real-estate contexts. See, e.g., 20 Pa.C.S. § 3126 (recording-related timing that can affect rights against later purchasers or lienholders).
• Burden of Proof: You may need clear documentation of how title was held, who the heirs are under intestate succession, and whether there are debts, liens, or taxes that must be addressed before a buyer, lender, or recorder will accept a transfer.
• Exceptions: Whether you can avoid full administration may depend on the asset type and value. Pennsylvania has a small-estate court process for certain personal property in limited circumstances. See 20 Pa.C.S. § 3102.

Trying to handle this alone can lead to title defects, delays in selling or refinancing, disputes with other heirs, or problems with taxes and creditor claims. A probate attorney can quickly identify whether probate is required, what authority is needed to sign, and how to protect you from avoidable liability.

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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.