The Short Answer

Sometimes, but often not by itself. In Pennsylvania, real estate generally passes to heirs at death by operation of law, but lenders and title companies typically want clear, recordable proof of who has authority to transfer or administer the property—especially while the estate is still open and creditor issues remain.

What Pennsylvania Law Says

Under Pennsylvania probate law, legal title to a decedent’s real estate generally passes at death to the heirs (in an intestate estate) or devisees (under a will), but that title is still subject to the personal representative’s powers and court orders during administration. That matters because a mortgage company may require documentation showing (1) who the heirs are and (2) whether the estate’s administration/creditor issues could affect the property.

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 heirs or devisees, but it remains subject to the personal representative’s powers and court orders during the estate.

In addition, Pennsylvania law gives the personal representative broad authority to take possession of and administer estate property during the administration, which can affect whether a lender will accept an heir-signed deed as “enough” while the estate is still being wrapped up. See 20 Pa.C.S. § 3311.

Why You Should Speak with an Attorney

Even if you are the only child and the only heir, recording a quitclaim deed is not always what a mortgage servicer is asking for—and doing the wrong transfer at the wrong time can create title and probate problems that delay closing the estate.

• Strict court/accounting requirements: If the Register of Wills/Orphans’ Court rejected the final accounting, the estate is not in a clean “ready to distribute” posture yet. Lenders often want proof of authority (letters of administration) and/or a court-approved distribution posture before they update their records.
• Burden of proof for “who owns it”: A quitclaim deed only conveys whatever interest the signer has. If the lender or its title review believes the estate (or creditors) may still have an interest, they may reject a quitclaim deed as insufficient proof of marketable title.
• Creditor/estate administration risk: Because real estate passes subject to the personal representative’s powers and court orders, unresolved creditor issues can complicate whether the property can be treated as fully “yours” for lender purposes. See 20 Pa.C.S. § 301.

It’s also common for mortgage companies to require specific documentation (for example, letters of administration, an heirship determination, or an estate distribution document) rather than a deed you prepare yourself. An attorney can review the lender’s exact “successor in interest” or assumption packet requirements, confirm the correct deed type (if any), and make sure the transfer aligns with the probate posture and creditor claims.

If you want more background on deed options and inherited property issues, you may find these helpful: How Do I Transfer a Deed Into My Name After a Death in Pennsylvania? and Quitclaim Deed vs. Gift for Inherited Property 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.