An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for uniform real property transfer on death.

PRINTER'S NO. 2744
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2124
Session of
2026
INTRODUCED BY BONNER, BRIGGS, HANBIDGE, VENKAT, HOHENSTEIN,
SHUSTERMAN, SMITH, RIVERA, GALLAGHER, ZIMMERMAN, SOLOMON,
BOYD AND SCIALABBA, JANUARY 9, 2026
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 9, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for uniform
real property transfer on death.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 20 of the Pennsylvania Consolidated
Statutes is amended by adding chapters to read:
CHAPTER 21A
(Reserved)
CHAPTER 21B
UNIFORM REAL PROPERTY TRANSFER ON DEATH
Sec.
21B01. Short title of chapter.
21B02. Definitions.
21B03. Applicability.
21B04. Nonexclusivity.
21B05. Transfer on death deed authorized.
21B06. Transfer on death deed revocable.
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21B07. Transfer on death deed nontestamentary.
21B08. Capacity of transferor.
21B09. Requirements.
21B10. Notice, delivery, acceptance and consideration not
required.
21B11. Revocation.
21B12. Effect of transfer on death deed during transferor's
life.
21B13. Effect of transfer on death deed on transferor's death
or divorce.
21B14. Slayer or elder abuser.
21B15. Disclaimer.
21B16. Simultaneous death.
21B17. Elective share.
21B18. Liability for creditor claims and statutory allowances.
21B19. Warning.
21B20. Optional form of deed.
21B21. Optional form of revocation.
21B22. Prior deeds.
§ 21B01. Short title of chapter.
This chapter shall be known and may be cited as the Uniform
Real Property Transfer on Death Act.
§ 21B02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Beneficiary." A person that receives property under a
transfer on death deed.
"Designated alternate beneficiary." A person that receives
property under a transfer on death deed when the designated
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beneficiary predeceases the transferor.
"Designated beneficiary." A person designated to receive
property in a transfer on death deed.
"Joint owner." An individual who owns property concurrently
with one or more other individuals with a right of survivorship.
The term includes a joint tenant, owner of property with a right
of survivorship and tenant by the entirety. The term does not
include a tenant in common.
"Lapse." When a designated beneficiary predeceases a
transferor and no designated alternate beneficiary is named.
"Person." An individual, corporation, business trust,
estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government or
governmental subdivision, agency or instrumentality or any other
legal or commercial entity.
"Property." An interest in real property located in this
Commonwealth which is transferable on the death of the owner.
"Transfer on death deed." A deed authorized under this
chapter.
"Transferor." An individual who makes a transfer on death
deed.
§ 21B03. Applicability.
This chapter applies to a transfer on death deed made before,
on or after the effective date of this section by a transferor
dying on or after the effective date of this section.
§ 21B04. Nonexclusivity.
This chapter does not affect any method of transferring
property otherwise permitted under the law of this Commonwealth.
§ 21B05. Transfer on death deed authorized.
An individual may transfer property to one or more
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beneficiaries effective at the transferor's death by a transfer
on death deed. The transfer may be made to a custodian under
Chapter 53 (relating to Pennsylvania Uniform Transfers to Minors
Act).
§ 21B06. Transfer on death deed revocable.
A transfer on death deed is revocable even if the deed or
another instrument contains a contrary provision.
§ 21B07. Transfer on death deed nontestamentary.
A transfer on death deed is nontestamentary.
§ 21B08. Capacity of transferor.
The capacity required to make or revoke a transfer on death
deed is the same as the capacity required to make a will.
§ 21B09. Requirements.
A transfer on death deed:
(1) except as otherwise provided in paragraph (2), must
contain the essential elements and formalities of a properly
recordable deed;
(2) must state that the transfer to the designated
beneficiary is to occur at the transferor's death; and
(3) must be recorded before the transferor's death in
the public records in the office of the county recorder of
deeds of the county where the property is located.
§ 21B10. Notice, delivery, acceptance and consideration not
required.
A transfer on death deed is effective without:
(1) notice or delivery to or acceptance by the
designated beneficiary during the transferor's life; or
(2) consideration.
§ 21B11. Revocation.
(a) Revocation authorized.--Subject to subsection (b), an
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instrument is effective to revoke a transfer on death deed
recorded as required by section 21B09(3) (relating to
requirements), or any part of it, only if the instrument:
(1) is one of the following:
(i) a transfer on death deed that revokes the deed
or part of the deed expressly or by inconsistency;
(ii) an instrument of revocation that expressly
revokes the deed or part of the deed; or
(iii) a deed that revokes the transfer on death deed
or part of the deed expressly or by inconsistency; and
(2) is acknowledged by the transferor after the
acknowledgment of the transfer on death deed being revoked
and recorded before the transferor's death in the office of
the county recorder of deeds of the county where the transfer
on death deed is recorded.
(b) More than one transferor.--If a transfer on death deed
is made by more than one transferor, the following apply:
(1) revocation by a transferor does not affect the deed
as to the interest of another transferor; and
(2) a transfer on death deed made by joint owners is
revoked only if it is revoked by all the living joint owners.
(c) Transfer not limited.--This section does not limit a
transferor's ability to transfer the property during the
transferor's life.
§ 21B12. Effect of transfer on death deed during transferor's
life.
(a) General rule.--During a transferor's life, a transfer on
death deed does not:
(1) affect an interest or right of the transferor or any
other owner, including the right to transfer or encumber the
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property;
(2) affect an interest or right of a transferee, even if
the transferee has actual or constructive notice of the deed;
(3) affect an interest or right of a secured or
unsecured creditor or future creditor of the transferor, even
if the creditor has actual or constructive notice of the
deed;
(4) confer any interest in the property to the
designated beneficiary or affect the designated beneficiary's
eligibility for any public benefit;
(5) create a legal or equitable interest in favor of the
designated beneficiary; or
(6) subject the property to claims or process of a
creditor of the designated beneficiary.
(b) Not an asset transfer.--During a transferor's life, a
transfer on death deed shall not be deemed an asset transfer of
the property for assessing the transferor's eligibility for any
public benefit.
§ 21B13. Effect of transfer on death deed on transferor's death
or divorce.
(a) Death of transferor.--Except as otherwise provided in
the transfer on death deed or this section, on the death of the
transferor, the following rules apply to property that is the
subject of a transfer on death deed and owned by the transferor
at death:
(1) Subject to paragraph (2), the interest in the
property is transferred to the designated beneficiary in
accordance with the deed.
(2) The interest of a designated beneficiary is
contingent on the designated beneficiary surviving the
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transferor. The interest of a designated beneficiary that
fails to survive the transferor lapses. If there are multiple
designated beneficiaries, the effect of a lapse under this
paragraph results in the transfer of the interest of the
deceased designated beneficiary to the surviving
beneficiaries. If all designated beneficiaries predecease the
transferor, the beneficiaries' interests terminate and the
property passes with the transferor's estate.
(3) If the transferor has identified two or more
designated beneficiaries to receive concurrent interests in
the property, and the share of one or more designated
beneficiaries lapses or fails for any reason, the share or
shares shall be transferred to the remaining designated
beneficiaries in proportion to the interest of each in the
remaining part of the property held concurrently.
(4) Subject to paragraph (3), concurrent interests are
transferred to the beneficiaries in equal and undivided
shares with no right of survivorship.
(b) Divorce.--If the transferor and designated beneficiary
are married to each other when the transfer on death deed is
made, the following rules apply:
(1) If a divorce decree is issued after the transfer on
death deed was made and no deed was recorded subsequent to
the issuance of the decree, section 2507(2) (relating to
modification of circumstances) shall apply to the interest of
the designated beneficiary as if the transfer of the property
was a bequest in the transferor's will.
(2) If the transferor dies before the issuance of a
divorce decree, section 2507(2) shall apply to the interest
of the designated beneficiary as if the transfer of the
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property was a bequest in the transferor's will.
(c) Beneficiary subject to interests.--Subject to section 1
of the act of April 24, 1931 (P.L.48, No.40), entitled "An act
requiring the recording of certain written agreements pertaining
to real property, and prescribing the effect thereof as to
subsequent purchasers, mortgagees, and judgment creditors of the
parties thereto," a beneficiary takes the property subject to
all conveyances, encumbrances, assignments, contracts,
mortgages, liens and other interests to which the property is
subject at the transferor's death. For purposes of this
subsection and section 1 of the act of April 24, 1931 (P.L.48,
No.40), the recording of the transfer on death deed is deemed to
have occurred at the transferor's death.
(d) Joint owners.--
(1) If a transferor is a joint owner who dies and:
(i) is survived by one or more other joint owners,
the property that is the subject of a transfer on death
deed belongs to the surviving joint owner or owners with
right of survivorship; or
(ii) is the last surviving joint owner, the property
that is the subject of a transfer on death deed belongs
to the designated beneficiary or beneficiaries.
(2) If the property that is the subject of a transfer on
death deed is held as tenants by the entireties and becomes
property held by tenants in common under other law of this
Commonwealth as a result of the divorce of the joint owners,
the interest of the designated beneficiary or beneficiaries
lapses.
(e) No covenant or warranty of title.--Notwithstanding the
provisions of any other law of this Commonwealth, a transfer on
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death deed transfers property without covenant or warranty of
title even if the deed contains a contrary provision.
(f) Exempt from realty transfer tax.--A transfer of property
pursuant to a transfer on death deed shall be exempt from the
State and local realty transfer tax under Articles XI-C and XI-D
of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971, section 301.1 of the act of December 31,
1965 (P.L.1257, No.511), known as The Local Tax Enabling Act,
and the act of August 5, 1932 (Sp.Sess., P.L.45, No.45),
referred to as the Sterling Act.
(g) Due-on-sale provisions.--A lender shall not exercise a
due-on-sale clause upon a transfer on death under this chapter
to the extent prohibited by 12 U.S.C. § 1701j-3(d) (relating to
preemption of due-on-sale prohibitions) or other law.
§ 21B14. Slayer or elder abuser.
A slayer or elder abuser as defined in section 8801 (relating
to definitions) of a transferor shall be deemed to have
predeceased the transferor as to property which would have
passed to the slayer or elder abuser through a transfer on death
deed.
§ 21B15. Disclaimer.
A beneficiary may disclaim all or part of the beneficiary's
interest in property to be transferred under a transfer on death
deed by recording a disclaimer under Chapter 62 (relating to
disclaimers). An interest that is disclaimed under this section
is deemed to have lapsed.
§ 21B16. Simultaneous death.
If all transferors and designated beneficiaries die
simultaneously, the property to be transferred under a transfer
on death deed shall vest in the estates of the designated
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beneficiaries.
§ 21B17. Elective share.
Property transferred under a transfer on death deed shall be
considered part of the transferor's probate estate for purposes
of a spouse's right to an elective share under Chapter 22
(relating to elective share of surviving spouse).
§ 21B18. Liability for creditor claims and statutory
allowances.
(a) Enforcement by probate estate.--To the extent a
transferor's probate estate is insufficient to satisfy an
allowed claim against the estate or a statutory allowance to a
surviving spouse, the estate may enforce the liability against
property transferred at the transferor's death by a transfer on
death deed.
(b) Apportionment.--If more than one property is transferred
by one or more transfer on death deeds, the liability under
subsection (a) is apportioned among the properties in proportion
to their net values at the transferor's death.
(c) Proceeding to enforce.--A proceeding to enforce the
liability under this section must be commenced not later than 18
months after the transferor's death.
§ 21B19. Warning.
(a) Requirement.--A transfer on death deed shall contain the
following warnings:
WARNING: The property transferred remains subject to
inheritance taxation in Pennsylvania to the same extent that
it would if the transferor did not execute this transfer on
death deed. Failure to timely pay inheritance taxes is
subject to interest and penalties as provided by law.
WARNING: The property transferred remains subject to
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claims for Medicaid Estate Recovery reimbursement to the
extent necessary to discharge any such claim remaining after
application of the assets of the transferor's estate.
WARNING: If your designated beneficiary dies before you,
the property will not transfer to them. If your designated
beneficiary dies before you, you may wish to redo this deed
or consult a lawyer.
(b) Validity.--A transfer on death deed recorded as required
by section 21B09(3) (relating to requirements) shall be valid
notwithstanding the existence of any defects in the wording of
the warnings required by this section or for failure to include
any warning.
§ 21B20. Optional form of deed.
The following form may be used to create a transfer on death
deed. The other sections of this chapter govern the effect of
this or any other instrument used to create a transfer on death
deed:
(front of form)
REVOCABLE TRANSFER ON DEATH DEED
NOTICE TO OWNER
You should carefully read all information on the other side
of this form. You May Want to Consult a Lawyer Before Using This
Form.
This form must be recorded before your death, or it will not
be effective.
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
___________________________ ______________________________
Printed name Mailing address
___________________________ ______________________________
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Printed name Mailing address
Legal description of the property: __________________________
________________________________________________________________
DESIGNATED BENEFICIARY
I designate the following beneficiary if the beneficiary
survives me.
____________________ ________________________
Printed name Mailing address
Relationship to owner or owners - Optional
DESIGNATED ALTERNATE BENEFICIARY - Optional
If my primary beneficiary does not survive me, I designate
the following alternate beneficiary if that beneficiary survives
me.
____________________ ________________________
Printed name Mailing address
Relationship to owner or owners - Optional
TRANSFER ON DEATH
At my death, I transfer my interest in the described property
to the beneficiaries as designated above.
Before my death, I have the right to revoke this deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
_______________________________ (SEAL)________________
Signature Date
_______________________________ (SEAL)_________________
Signature Date
WARNING: The property transferred remains subject to
inheritance taxation in Pennsylvania to the same extent that it
would if the transferor did not execute this transfer on death
deed. Failure to timely pay inheritance taxes is subject to
interest and penalties as provided by law.
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WARNING: The property transferred remains subject to claims
for Medicaid Estate Recovery reimbursement to the extent
necessary to discharge any such claim remaining after
application of the assets of the transferor's estate.
WARNING: If your designated beneficiary dies before you, the
property will not transfer to them. If your designated
beneficiary dies before you, you may wish to redo this deed or
consult a lawyer.
ACKNOWLEDGMENT
(insert acknowledgment for deed here)
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
What does the Transfer on Death (TOD) deed do? When you die,
this deed transfers the described property, subject to any liens
or mortgages (or other encumbrances) on the property at your
death. Probate is not required. The TOD deed has no effect until
you die. You can revoke it at any time. You are also free to
transfer the property to someone else during your lifetime. If
you do not own any interest in the property when you die, this
deed will have no effect.
How do I make a TOD deed? Complete this form or draft a
transfer on death deed on your own or with legal assistance.
Have it acknowledged (notarized) before a notary public. Record
the form in each county where any part of the property is
located. The form has no effect unless it is acknowledged
(notarized) and recorded before your death.
Is the "legal description" of the property necessary? Yes.
How do I find the "legal description" of the property? This
information may be on the deed you received when you became an
owner of the property. This information is also available in the
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office of the county recorder of deeds for the county where the
property is located. It is very important to obtain the proper
"legal description" of the property. If you are not absolutely
sure, consult a lawyer.
Can I change my mind before I record the TOD deed? Yes. If
you have not yet recorded the deed and want to change your mind,
simply tear up or otherwise destroy the deed.
How do I "record" the TOD deed? Take the completed and
acknowledged form to the office of the county recorder of deeds
of the county where the property is located. Follow the
instructions given by the county recorder to make the form part
of the official property records. If the property is in more
than one county, you should record the deed in each county.
Does the TOD deed allow my beneficiary to avoid inheritance
taxes, Medicaid Estate Recovery or other debts I may have? No.
Your beneficiary is still responsible for ensuring that your
debts are paid, including inheritance taxes and Medicaid Estate
Recovery.
Can I later revoke the TOD deed if I change my mind? Yes.
You can revoke the TOD deed. No one, including the
beneficiaries, can prevent you from revoking the deed.
How do I revoke the TOD deed after it is recorded? There are
three ways to revoke a recorded TOD deed:
(1) Complete and acknowledge a revocation form and
record it in each county where the property is located.
(2) Complete and acknowledge a new TOD deed that
disposes of the same property and record it in each county
where the property is located.
(3) Record a deed that transfers the property to someone
else during your lifetime. You may not revoke the TOD deed in
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your will.
I am being pressured to complete this form. What should I do?
Do not complete this form under pressure. Seek help from a
trusted family member, friend or lawyer. You may be able to get
free legal advice from a legal services organization.
Do I need to tell the beneficiaries about the TOD deed? No,
but it is recommended. Secrecy can cause later complications and
might make it easier for others to commit fraud.
I have other questions about this form. What should I do?
This form is designed to fit some but not all situations. If you
have other questions, you are encouraged to consult a lawyer.
You may be able to get free legal advice from a legal services
organization.
§ 21B21. Optional form of revocation.
The following form may be used to create an instrument of
revocation of a transfer on death deed. The other sections of
this chapter govern the effect of this or any other instrument
used to revoke a transfer on death deed.
(front of form)
REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
This revocation must be recorded before you die or it will
not be effective.
If you are the only owner of this property, this revocation
form voids the transfer on death deed(s) you have previously
signed and recorded, as long as you properly complete this
revocation form and record it before your death.
If you own this property as a "tenant in common" with other
people, this revocation form voids only your proportional
interest in the transfer on death deed(s) you have previously
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signed and recorded, as long as you properly complete this
revocation form and record it before your death.
If you own this property as a "joint tenant" or as a "tenant
by the entirety" with another person(s) who is still alive, this
revocation is not valid unless those other living person(s) also
sign the revocation form.
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
___________________________ ______________________________
Printed name Mailing address
___________________________ ______________________________
Printed name Mailing address
Legal description of the property: __________________________
________________________________________________________________
REVOCATION
I revoke all my previous transfers of this property by
transfer on death deed.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
_______________________________ (SEAL)_________________
Signature Date
_______________________________ (SEAL)________________
Signature Date
ACKNOWLEDGMENT
(insert acknowledgment here)
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
How do I use this form to revoke a Transfer on Death (TOD)
deed? Complete this form. Have it acknowledged (notarized)
before a notary public or other individual authorized to take
acknowledgments. Record the form in the public records in the
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office of the county recorder of deeds of each county where the
property is located. The form must be acknowledged (notarized)
and recorded before your death or it has no effect.
How do I find the "legal description" of the property? This
information may be on the TOD deed. It may also be available in
the office of the county recorder of deeds for the county where
the property is located. If you are not absolutely sure, consult
a lawyer.
How do I "record" the form? Take the completed and
acknowledged (notarized) form to the office of the county
recorder of deeds of the county where the property is located.
Follow the instructions given by the county recorder to make the
form part of the official property records. If the property is
located in more than one county, you should record the form in
each of those counties.
I am being pressured to complete this form. What should I do?
Do not complete this form under pressure. Seek help from a
trusted family member, friend or lawyer.
I have other questions about this form. What should I do?
This form is designed to fit some but not all situations. If you
have other questions, consult a lawyer.
§ 21B22. Prior deeds.
This chapter does not affect the validity or effect of any
deed made prior to the effective date of this section.
Section 2. This act shall take effect in 180 days.
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