The Short Answer

In Pennsylvania, assets titled in the decedent’s name alone (with no beneficiary or survivorship feature) typically require probate/court administration so a personal representative can collect and distribute them. By contrast, many assets pass directly to survivors by operation of law—such as joint accounts with survivorship, certain beneficiary-designated accounts, and transfer-on-death registrations—often without being controlled by the will.

What Pennsylvania Law Says

Probate administration generally deals with property that is part of the decedent’s “probate estate”—meaning property that does not have a built-in transfer mechanism at death. If an asset has a survivorship feature or a valid beneficiary designation recognized by Pennsylvania law, it may transfer outside the probate process, even if the decedent had a will.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2101.

This statute establishes that property not effectively disposed of by will (or otherwise) passes under Pennsylvania’s intestacy rules—highlighting that some property can pass “otherwise” (i.e., outside the will/probate) depending on how it is titled or designated.

Two common “passes directly” categories are specifically addressed in Pennsylvania’s probate code:

• Joint accounts with survivorship: Funds remaining in a joint account generally belong to the surviving party as against the estate, unless there is clear and convincing evidence of a different intent. See 20 Pa.C.S. § 6304. Pennsylvania also states these survivorship transfers are not “testamentary” (i.e., not controlled by the will) in 20 Pa.C.S. § 6306.
• Transfer-on-death (TOD) registrations for securities: A transfer on death from a beneficiary-form registration is effective by contract and is not testamentary. See 20 Pa.C.S. § 6409.

Practical rule of thumb: If an asset is in the decedent’s sole name with no beneficiary designation, it is more likely to require probate administration. If it is jointly titled with survivorship, payable/transferable on death, or held in a trust, it is more likely to pass directly to the survivor/beneficiary.

If you want a deeper read on common non-probate transfers, you may also find these helpful: 401(k) beneficiaries and probate in Pennsylvania and whether IRAs/Roth IRAs go through probate in Pennsylvania.

Why You Should Speak with an Attorney

While the basic categories sound straightforward, disputes often arise over whether an asset truly passes outside probate and whether the estate can still make claims against it. Legal outcomes often depend on:

• Strict Deadlines: If probate is needed, timing issues can affect creditor rights, tax filings, and whether delays create conflict among heirs/beneficiaries.
• Burden of Proof: Survivorship transfers can be challenged—for example, Pennsylvania’s joint-account rule can turn on whether there is “clear and convincing evidence” of a different intent. See 20 Pa.C.S. § 6304.
• Exceptions: Even when an asset transfers outside probate (like TOD securities), creditor issues and other legal claims may still require analysis. See, e.g., the creditor-rights language in 20 Pa.C.S. § 6409.

In other words, the “title and beneficiary paperwork” often matters as much as (or more than) what the will says. An attorney can review the asset list, confirm what is and is not part of the probate estate, and help prevent avoidable disputes and personal liability for the person handling the estate.

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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.