What Type of Deed Should Heirs Sign to Convey Their Interests in Property Located in Another State, and How Is It Recorded? - Pennsylvania
The Short Answer
Under Pennsylvania law, heirs/devisees generally receive legal title to a decedent’s Pennsylvania real estate at death, but transferring or “cleaning up” title for a later sale often requires a properly drafted deed (or, in some cases, a court decree) and recording in the county where the property is located. If the property is located outside Pennsylvania, the deed type and recording rules are controlled by the state where the property sits, not Pennsylvania.
What Pennsylvania Law Says
Pennsylvania follows the rule that legal title to real estate passes at death to the heirs or devisees, subject to the estate administration process and the personal representative’s powers and court orders. That’s why heirs are often the parties who must sign a deed to convey their inherited interests—unless a court order or fiduciary deed is required based on the estate’s posture.
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 (while remaining subject to the personal representative’s statutory powers and court orders during administration).
Why You Should Speak with an Attorney
Even though Pennsylvania law explains who holds title after death, choosing the “right” deed and getting it recorded correctly becomes complicated fast when the property is in another state. Outcomes often depend on:
- Different state requirements: The other state may require a specific deed form, particular notarization/witnessing, or additional transfer documents that Pennsylvania does not use.
- Authority to sign: Depending on the estate, a deed signed by “all heirs” may be insufficient (or create title risk) if a personal representative needs to convey, if there are unknown heirs, or if the will/estate administration is contested.
- Recording and title problems: Recording must be done in the jurisdiction where the land is located, and title companies often require supporting probate documents (certified letters, short certificates, decrees, etc.). Mistakes can delay a closing or force expensive corrective filings.
If your goal is a clean transfer that a buyer and title insurer will accept, it’s usually worth having counsel coordinate the Pennsylvania estate issues with the out-of-state real estate/probate requirements (often through ancillary administration or local counsel).
Related reading: What deed should heirs use to transfer an out-of-state inherited property interest, and where is it recorded?
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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.