How does title transfer for an inherited home when there is no will and multiple heirs? - Pennsylvania
The Short Answer
In Pennsylvania, when someone dies without a will, legal title to their real estate generally passes immediately at death to their heirs (not to “the estate”), and multiple heirs typically inherit the home together as tenants in common. Even though title may pass by law, families often still need probate/Orphans’ Court paperwork to make the title marketable for a sale, refinance, or buyout—especially when there are multiple heirs.
What Pennsylvania Law Says
When there is no will, Pennsylvania’s intestate succession rules determine who the heirs are and how they share the property. If more than one person inherits, each heir generally receives an undivided ownership interest (for example, 50/50 or 1/3 each), meaning no single heir automatically has the right to sell or mortgage the entire property alone.
The Statute
The primary law governing how title passes at death is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the heirs (or devisees if there is a will), subject to the powers of a personal representative and court orders.
For multiple heirs, Pennsylvania’s intestacy rules also provide that when property passes to two or more people, they generally take as tenants in common. See 20 Pa.C.S. § 2104(7). And the overall rule that property not disposed of by will passes to heirs is set out in 20 Pa.C.S. § 2101.
If an estate is opened, the personal representative may also have authority to take possession and administer real estate during administration, which can affect what happens with the home in the short term. See 20 Pa.C.S. § 3311.
Related reading: How to figure out inheritance rights to a family property in Pennsylvania and whether probate can be avoided to transfer a parents’ house to siblings.
Why You Should Speak with an Attorney
While the statutes provide the general rule, getting a clean, insurable title for an inherited home with multiple heirs can be legally and practically complicated. Outcomes often depend on:
- Strict Deadlines: Certain creditor-rights and title-clearing timelines can affect real estate after death, and delays can create problems when you try to sell or refinance.
- Burden of Proof: When there is no will, you must be able to prove the family tree and each heir’s share—especially if an heir is deceased, estranged, or unknown.
- Exceptions and Competing Rights: Issues like liens, unpaid taxes, occupancy disputes, or disagreements among heirs can require court involvement and can block a closing.
When multiple heirs are involved, one mistake (or one missing signature) can derail a sale, trigger litigation, or force a court-supervised solution. A Pennsylvania probate attorney can evaluate the title, identify the correct heirs, and recommend the safest path to transfer or sell the property.
Related reading: using a family settlement agreement to transfer a house to one heir and transferring an inherited house title through probate in Pennsylvania.
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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.