What steps are required to update the deed and title in my name? - Pennsylvania
The Short Answer
In Pennsylvania, you generally cannot “just change the deed” after someone dies. Whether (and how) you can put the property into your name depends on how the decedent held title (for example, sole ownership vs. joint ownership) and whether you are an heir or a will beneficiary.
Even though legal title to Pennsylvania real estate can pass at death to heirs or devisees, clearing and documenting that title for deed/closing purposes often requires probate-related filings and careful review of the chain of title.
What Pennsylvania Law Says
Under Pennsylvania law, real estate is treated differently than many people expect: when a person dies, legal title to their real estate passes to their heirs (if there is no will) or devisees (if there is a will), but it remains subject to the estate administration process and court authority. That means the property may still be affected by estate debts, estate powers, and court orders—issues that can prevent a clean transfer until handled correctly.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the decedent’s heirs or devisees, subject to the powers of the personal representative and orders of the court.
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 probate-related real estate protections can depend on recording within specific time windows (for example, some recorded decrees affecting real estate can be ineffective against later bona fide purchasers/lienholders if not recorded within one year of death). See, e.g., 20 Pa.C.S. § 3126.
- Burden of Proof: Title companies and buyers typically require clear documentation showing who inherited the property and that the transfer authority is valid—especially if there are multiple heirs, an unclear will, or missing documents.
- Exceptions: The “right” path changes if the property was held jointly (including tenancy by the entireties), if there are estate debts, if there is a dispute among heirs/beneficiaries, or if a personal representative needs to sell or convey the property during administration.
Trying to handle this alone can lead to a defective deed, a clouded title that blocks refinancing or sale, or disputes that escalate into Orphans’ Court litigation. A Pennsylvania probate attorney can review the deed history, confirm who has authority to sign, and ensure the transfer is documented in a way the Recorder of Deeds and future title insurers will accept.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
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.