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PRIOR PRINTER'S NO. 1018 PRINTER'S NO. 1837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 890
Session of
2025
INTRODUCED BY BARTOLOTTA AND STEFANO, JUNE 27, 2025
SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 23, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, providing for uniform
partition of heirs property. AND 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 a chapter CHAPTERS to read:
CHAPTER 21A
UNIFORM PARTITION OF HEIRS PROPERTY ACT
Sec.
21A21. Short title of chapter.
21A22. Definitions.
21A23. Applicability and relation to other law.
21A23.1. Right of first refusal required.
21A24. Service and notice by posting.
21A24.1. Settlement conference.
21A25. Hearing officers.
21A26. Determination of value.
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21A27. Cotenant buyout.
21A28. Partition alternatives.
21A29. Considerations for partition in kind.
21A30. Open-market sale, sealed bids or auction.
21A31. Report of open-market sale.
21A32. Uniformity of application and construction.
21A33. Relation to Electronic Signature in Global and National
Commerce Act.
§ 21A21. Short title of chapter.
This chapter may be referred to as the Uniform Partition of
Heirs Property Act.
§ 21A22. 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:
"Ascendant." An individual who precedes another individual
in lineage, in the direct line of ascent from the other
individual.
"Collateral." An individual who is related to another
individual under the law of intestate succession of this
Commonwealth but who is not the other individual's ascendant or
descendant.
"Cotenant." One of two or more individuals who together hold
an ownership interest in real property as tenants in common.
"Descendant." An individual who follows another individual
in lineage, in the direct line of descent from the other
individual.
"Determination of value." A court order determining the fair
market value of heirs property under section 21A26 (relating to
determination of value) or 21A30 (relating to open-market sale,
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sealed bids or auction) or adopting the valuation of the
property agreed to by all cotenants.
"Heirs property." Real property held in tenancy in common
which satisfies all of the following requirements as of the
filing of a partition action:
(1) There is no agreement in a record binding all the
cotenants which governs the partition of the property.
(2) One or more of the cotenants acquired an equitable
interest in the property via testate or intestate succession
or acquired the title from a relative, whether living or
deceased.
(3) Any of the following applies:
(i) twenty percent or more of the interests are held
by cotenants who are relatives;
(ii) twenty percent or more of the interests are
held by an individual who acquired title from a relative,
whether living or deceased; or
(iii) twenty percent or more of the cotenants are
relatives.
"Partition by sale." A court-ordered sale of the entire
heirs property, whether by auction, sealed bids or open-market
sale conducted under section 21A30.
"Partition in kind." The division of heirs property into
physically separated titled parcels.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Relative." An ascendant, descendant or collateral or an
individual otherwise related to another individual by blood,
marriage, adoption or law of this Commonwealth other than this
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chapter.
§ 21A23. Applicability and relation to other law.
(a) Applicability.--This chapter applies to partition
actions filed on or after the effective date of this section.
(b) Determination.--In an action to partition real property,
the court shall determine whether the property is heirs
property. If the court determines that the property is heirs
property, the property must be partitioned under this chapter
unless all the cotenants otherwise agree in a record.
(c) Supplementation.--This chapter supplements section 3534
(relating to distribution in kind) and, if an action is governed
by this chapter, it replaces the provisions of section 3534 that
are inconsistent with this chapter.
§ 21A23.1. Right of first refusal required.
When a cotenant receives a bona fide offer from a noncotenant
to purchase a share or shares of an heir's property and the
cotenant intends to accept or respond with a counteroffer, the
cotenants who inherited their share or shares of the property or
the cotenants who are relatives to those cotenants who inherited
their share or shares of the property shall have the right to
purchase the shares for the identical price, terms and
conditions of the offer or counteroffer, with first priority to
a cotenant who is in possession of the heir's property as their
primary residence and second priority to a cotenant who
otherwise utilizes the property.
§ 21A24. Service and notice by posting.
(a) Service of complaint.--This chapter does not limit or
affect the method by which services of a complaint in a
partition action may be made.
(b) Notice and posting.--If the plaintiff in a partition
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action seeks an order of notice by publication and the court
determines that the property may be heirs property, the
plaintiff, not later than 10 days after the court's
determination, shall post and maintain while the action is
pending a conspicuous sign on the property that is the subject
of the action. The sign shall state that the action has
commenced and identify the name and address of the court and the
common designation by which the property is known. The court may
require the plaintiff to publish on the sign the name of the
plaintiff and the known defendants.
§ 21A24.1. Settlement conference.
(a) Conference required.--In a partition action of heirs
property, after service and notice under section 21A24 (relating
to service and notice by posting) and before additional action
is taken, the court shall hold a mandatory settlement conference
within 60 days after the date of determination of heirs property
under section 21A23(b) (relating to applicability and relation
to other law), or on a date agreed to by the parties, for the
purpose of holding settlement discussions.
(b) Notice.--After an heirs property determination is made
under section 21A23(b), the court shall promptly send a notice
to parties advising them of the time and place of the settlement
conference, the purpose of the conference and the requirements
of this section. The notice shall be in a form prescribed by the
Administrative Office of Pennsylvania Courts or, at the
discretion of the Administrative Office of Pennsylvania Courts,
the administrative judge of the judicial district in which the
action is pending. The plaintiff in the partition action shall
post a copy of the settlement conference notice in a conspicuous
place on the property within 20 days of the date of the notice.
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(c) Settlement conference.--The settlement conference may be
adjourned or reconvened during the pendency of the partition
action. At a conference held under this section, if the
defendant is appearing pro se, the court shall advise the
defendant of the nature of the action and the defendant's rights
and responsibilities as a defendant.
(d) Notice after failure to answer.--The following shall
apply:
(1) At the first settlement conference held under this
section, if the defendant has not filed a responsive
pleading, the court shall:
(i) advise the defendant of the requirement to
respond to the complaint;
(ii) explain what is required to respond to a
complaint in court;
(iii) advise the defendant that the ability to
contest the partition action and assert defenses may be
lost if a response is not filed;
(iv) set a deadline for any cotenants requesting
partition by sale; and
(v) provide information about available resources
for legal assistance.
(2) A defendant who appears at the settlement conference
but fails to file a timely responsive pleading shall be
presumed to have a reasonable excuse for the default and
shall be permitted to serve and file a responsive pleading,
without any substantive defenses deemed to have been waived,
within 30 days of initial appearance at the settlement
conference. The default shall be deemed vacated upon service
and filing of an answer or other responsive pleading.
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(e) Good faith negotiation required.--The plaintiffs and
defendants shall negotiate in good faith to reach a mutually
agreeable resolution, including, but not limited to, a tenancy
in common agreement, a cotenant buyout and the allocation,
mechanics and financing thereof or any other agreement or loss
mitigation that is fair and reasonable considering the totality
of factors.
(f) Failure to reach resolution.--If the parties do not
reach a mutually agreeable resolution, a judicial hearing
officer or other staff designated by the court to oversee the
settlement conference process shall make a report of findings of
fact, conclusions of law and recommendations for relief to the
court concerning any party's failure to negotiate in good faith
under subsection (e). If the court determines a plaintiff has
failed to negotiate in good faith, the court shall dismiss the
partition action.
(g) Abeyance allowed.--Motions submitted by a party to the
action may be held in abeyance while the settlement conference
process is ongoing, except for motions concerning:
(1) a determination of the percentage interests, if any,
owned by any alleged cotenant if the interests are in
dispute; and
(2) compliance with this section, including applications
to extend deadlines specified in this section.
§ 21A25. Hearing officers.
If the court appoints hearing officers under Pa.R.C.P. No.
1558 (relating to preliminary conference appointment of hearing
officer), each hearing officer, in addition to the requirements
and disqualifications applicable to hearing officers, must be
disinterested and impartial and not a party to or a participant
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in the action.
§ 21A26. Determination of value.
(a) General rule.--Except as otherwise provided in
subsections (b) and (c), if the court determines that the
property that is the subject of a partition action is heirs
property, the court shall determine the fair market value of the
property by ordering an appraisal under subsection (d).
(b) Agreement by cotenants.--If all cotenants have agreed to
the value of the property or to another method of valuation, the
court shall adopt that value or the value produced by the agreed
method of valuation.
(c) When determined by court.--If the court determines that
the evidentiary value of an appraisal is outweighed by the cost
of the appraisal, the court, after an evidentiary hearing, shall
determine the fair market value of the property and send notice
to the parties of the value.
(d) Appointment of appraiser.--If the court orders an
appraisal, the court shall appoint a disinterested real estate
appraiser licensed in this Commonwealth to determine the fair
market value of the property assuming sole ownership of the fee
simple estate. On completion of the appraisal, the appraiser
shall file a sworn or verified appraisal with the court.
(e) Notice.--If an appraisal is conducted under subsection
(d), not later than 10 days after the appraisal is filed, the
court shall send notice to each party with a known address,
stating:
(1) The appraised fair market value of the property.
(2) That the appraisal is available at the clerk's
office.
(3) That a party may file with the court an objection to
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the appraisal not later than 30 days after the notice is
sent, stating the grounds for the objection.
(f) Hearing.--If an appraisal is filed with the court under
subsection (d), the court shall conduct a hearing to determine
the fair market value of the property not sooner than 30 days
after a copy of the notice of the appraisal is sent to each
party under subsection (e), whether or not an objection to the
appraisal is filed under subsection (e)(3). In addition to the
court-ordered appraisal, the court may consider any other
evidence of value offered by a party.
(g) Posthearing determination and notice.--After a hearing
under subsection (f), but before considering the merits of the
partition action, the court shall determine the fair market
value of the property and send notice to the parties of the
value.
§ 21A27. Cotenant buyout.
(a) Initial notice to parties.--If a cotenant requested
partition by sale, after the determination of value under
section 21A26 (relating to determination of value), the court
shall send notice to the parties that any cotenant except a
cotenant that requested partition by sale may buy all the
interests of the cotenants that requested partition by sale.
(b) Cotenant notice to court.--Not later than 45 days after
the notice is sent under subsection (a), any cotenant except a
cotenant that requested partition by sale may give notice to the
court that it elects to buy all the interests of the cotenants
that requested partition by sale.
(c) Purchase price.--The purchase price for each of the
interests of a cotenant that requested partition by sale is the
value of the entire parcel determined under section 21A26
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multiplied by the cotenant's fractional ownership of the entire
parcel.
(d) Subsequent court notice to parties.--After expiration of
the period in subsection (b), the following rules apply:
(1) If only one cotenant elects to buy all the interests
of the cotenants that requested partition by sale, the court
shall notify all the parties of that fact.
(2) If more than one cotenant elects to buy all the
interests of the cotenants that requested partition by sale,
the court shall allocate the right to buy those interests
among the electing cotenants based on each electing
cotenant's existing fractional ownership of the entire parcel
divided by the total existing fractional ownership of all
cotenants electing to buy and send notice to all the parties
of that fact and of the price to be paid by each electing
cotenant.
(3) If no cotenant elects to buy all the interests of
the cotenants that requested partition by sale, the court
shall send notice to all the parties of that fact and resolve
the partition action under section 21A28(a) and (b) (relating
to partition alternatives).
(e) Payment and effect.--If the court sends notice to the
parties under subsection (d)(1) or (2), the court shall set a
date, not sooner than 60 days after the date the notice was
sent, by which electing cotenants must pay their apportioned
price into the court. In determining an appropriate date by
which electing cotenants must pay their apportioned price into
the court, the court shall consider the time necessary to obtain
financing and may extend the deadline upon request. After this
date, the following rules apply:
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(1) If all electing cotenants timely pay their
apportioned price into court, the court shall issue an order
reallocating all the interests of the cotenants and disburse
the amounts held by the court to the persons entitled to
them.
(2) If no electing cotenant timely pays its apportioned
price, the court shall resolve the partition action under
section 21A28(a) and (b) as if the interests of the cotenants
that requested partition by sale were not purchased.
(3) If one or more but not all of the electing cotenants
fail to pay their apportioned price on time, the court shall
give notice to the electing cotenants that paid their
apportioned price of the interest remaining and the price for
all that interest.
(f) Purchase of remaining interest.--Not later than 20 days
after the court gives notice under subsection (e)(3), a cotenant
that paid may elect to purchase all of the remaining interest by
paying the entire price into the court. After the 20-day period,
the following rules apply:
(1) If only one cotenant pays the entire price for the
remaining interest, the court shall issue an order
reallocating the remaining interest to that cotenant. The
court shall issue promptly an order reallocating the
interests of all of the cotenants and disburse the amounts
held by it to the persons entitled to them.
(2) If no cotenant pays the entire price for the
remaining interest, the court shall resolve the partition
action under section 21A28(a) and (b) as if the interests of
the cotenants that requested partition by sale were not
purchased.
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(3) If more than one cotenant pays the entire price for
the remaining interest, the court shall reapportion the
remaining interest among those paying cotenants, based on
each paying cotenant's original fractional ownership of the
entire parcel divided by the total original fractional
ownership of all cotenants that paid the entire price for the
remaining interest. The court shall issue promptly an order
reallocating all of the cotenants' interests, disburse the
amounts held by it to the persons entitled to them and
promptly refund any excess payment held by the court.
(g) Request to authorize sale.--Not later than 45 days after
the court sends notice to the parties under subsection (a), a
cotenant entitled to buy an interest under this section may
request the court to authorize the sale as part of the pending
action of the interests of cotenants named as defendants and
served with the complaint but that did not appear in the action.
(h) Denial of request or authorization of sale.--If the
court receives a timely request under subsection (g), the court,
after hearing, may deny the request or authorize the requested
additional sale on such terms as the court determines to be fair
and reasonable, subject to the following limitations:
(1) A sale authorized under this subsection may occur
only after the purchase prices for all interests subject to
sale under subsections (a), (b), (c), (d), (e) and (f) have
been paid into court and those interests have been
reallocated among the cotenants as provided in those
subsections.
(2) The purchase price for the interest of a
nonappearing cotenant is based on the court's determination
of value under section 21A28.
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§ 21A28. Partition alternatives.
(a) Partition in kind.--If all the interests of all
cotenants that requested partition by sale are not purchased by
other cotenants under section 21A27 (relating to cotenant
buyout) or if, after conclusion of the buyout under section
21A27, a cotenant remains that has requested partition in kind,
the court shall order partition in kind unless the court, after
consideration of the factors listed in section 21A29 (relating
to considerations for partition in kind), finds that partition
in kind will result in great prejudice to the cotenants as a
group. In considering whether to order partition in kind, the
court shall approve a request by two or more parties to have
their individual interests aggregated.
(b) Partition by sale or dismissal of action.--If the court
does not order partition in kind under subsection (a), the court
shall order partition by sale under section 21A30 (relating to
open-market sale, sealed bids or auction) or, if no cotenant
requested partition by sale, the court shall dismiss the action.
(c) Payments.--If the court orders partition in kind under
subsection (a), the court may require that one or more cotenants
pay one or more other cotenants amounts so that the payments,
taken together with the value of the in-kind distributions to
the cotenants, will make the partition in kind just and
proportionate in value to the fractional interests held.
(d) Allocation of interests among unknown, unlocatable or
defaulting cotenants.--If the court orders partition in kind,
the court shall allocate to the cotenants that are unknown,
unlocatable or the subject of a default judgment, if their
interests were not bought out under section 21A27, a part of the
property representing the combined interests of these cotenants
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as determined by the court and this part of the property shall
remain undivided.
§ 21A29. Considerations for partition in kind.
(a) Prejudice determination.--In determining under section
21A28(a) (relating to partition alternatives) whether partition
in kind would result in great prejudice to the cotenants as a
group, the court shall consider the following:
(1) whether the heirs property practicably can be
divided among the cotenants;
(2) whether partition in kind would apportion the
property in such a way that the aggregate fair market value
of the parcels resulting from the division would be
materially less than the value of the property if it were
sold as a whole, taking into account the condition under
which a court-ordered sale likely would occur;
(3) evidence of the collective duration of ownership or
possession of the property by a cotenant and one or more
predecessors in title or predecessors in possession to the
cotenant who are or were relatives of the cotenant or each
other;
(4) a cotenant's sentimental attachment to the property,
including any attachment arising because the property has
ancestral or other unique or special value to the cotenant;
(5) the lawful use being made of the property by a
cotenant and the degree to which the cotenant would be harmed
if the cotenant could not continue the same use of the
property;
(6) the degree to which the cotenants have contributed
their pro rata share of the property taxes, insurance and
other expenses associated with maintaining ownership of the
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property or have contributed to the physical improvement,
maintenance or upkeep of the property; and
(7) any other relevant factor.
(b) Weighing totality of considerations.--The court may not
consider any one factor in subsection (a) to be dispositive
without weighing the totality of all relevant factors and
circumstances.
§ 21A30. Open-market sale, sealed bids or auction.
(a) Sale requirements.--If the court orders a sale of heirs
property, the sale must be an open-market sale unless the court
finds that a sale by sealed bids or an auction would be more
economically advantageous and in the best interest of the
cotenants as a group.
(b) Appointment of broker.--If the court orders an open-
market sale and the parties, not later than 10 days after the
entry of the order, agree on a real estate broker licensed in
this Commonwealth to offer the property for sale, the court
shall appoint the broker and establish a reasonable commission.
If the parties do not agree on a broker, the court shall appoint
a disinterested real estate broker licensed in this Commonwealth
to offer the property for sale and shall establish a reasonable
commission. The broker shall offer the property for sale in a
commercially reasonable manner at a price no lower than the
determination of value and on the terms and conditions
established by the court.
(c) Offer to purchase obtained.--If the broker appointed
under subsection (b) obtains within a reasonable time an offer
to purchase the property for at least the determination of
value:
(1) The broker shall comply with the reporting
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requirements in section 21A31 (relating to report of open-
market sale).
(2) The sale may be completed in accordance with the
laws of this Commonwealth.
(d) Options to court when no offer obtained.--If the broker
appointed under subsection (b) does not obtain within a
reasonable time an offer to purchase the property for at least
the determination of value, the court, after hearing, may:
(1) approve the highest outstanding offer, if any;
(2) redetermine the value of the property and order that
the property continue to be offered for an additional time;
or
(3) order that the property be sold by sealed bids or at
an auction.
(e) Sale by sealed bid or auction.--If the court orders a
sale by sealed bids or an auction, the court shall set terms and
conditions of the sale. If the court orders an auction, the
auction must be conducted under 68 Pa.C.S. § 2306(c) (relating
to effect of certification of vacancy and abandonment).
(f) Purchaser credit authorized.--If a purchaser is entitled
to a share of the proceeds of the sale, the purchaser is
entitled to a credit against the price in an amount equal to the
purchaser's share of the proceeds.
§ 21A31. Report of open-market sale.
(a) Duty of broker.--Unless required to do so within a
shorter time, a broker appointed under section 21A30(b)
(relating to open-market sale, sealed bids or auction) to offer
heirs property for open-market sale shall file a report with the
court not later than seven days after receiving an offer to
purchase the property for at least the value determined under
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section 21A26 (relating to determination of value) or 21A30.
(b) Content of report.--The report required by subsection
(a) shall contain the following information:
(1) A description of the property to be sold to each
buyer.
(2) The name of each buyer.
(3) The proposed purchase price.
(4) The terms and conditions of the proposed sale,
including the terms of any owner financing.
(5) The amount to be paid to lienholders.
(6) A statement of contractual or other arrangements or
conditions of the broker's commission.
(7) Other material facts relevant to the sale.
§ 21A32. Uniformity of application and construction.
In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
§ 21A33. Relation to Electronic Signature in Global and
National Commerce Act.
(a) General rule.--Except as provided for in subsection (b),
this chapter modifies, limits or supersedes the Electronic
Signatures in Global and National Commerce Act (Public Law 106-
229, 15 U.S.C. § 7001 et seq.).
(b) Exceptions.--
(1) This chapter does not modify, limit or supersede
section 101(c) of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. § 7001(c)).
(2) This chapter does not authorize electronic delivery
of any of the notices described in section 103(b) of the
Electronic Signatures in Global and National Commerce Act (15
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U.S.C. § 7003(b)).
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.
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.
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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
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
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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
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
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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
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
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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
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.
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(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
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
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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
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
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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
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.
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§ 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
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
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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
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
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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
___________________________ ______________________________
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.
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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.
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.
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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
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
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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
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
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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
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
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_______________________________ (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
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
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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 60 days. AS
FOLLOWS:
(1) THE ADDITION OF 20 PA.C.S. CH. 21A SHALL TAKE EFFECT
IN 60 DAYS.
(2) THE ADDITION OF 20 PA.C.S. CH. 21B SHALL TAKE EFFECT
IN 180 DAYS.
(3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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