The Short Answer

In Pennsylvania, property held in a true joint tenancy with right of survivorship (or tenancy by the entireties for spouses) typically passes automatically to the surviving owner(s) at death, outside of probate. However, when multiple co-owners have died (or deaths are close in time), clearing and updating the public title record can become complicated and may require probate court involvement or additional recorded documents to make the chain of title marketable.

What Pennsylvania Law Says

Survivorship ownership is designed to transfer title by operation of law when one owner dies. The hard cases arise when (1) more than one co-owner has died, (2) it is unclear who survived whom, or (3) the deed language is not strong enough to prove survivorship (which can turn the ownership into a tenancy in common and pull the deceased owner’s share into probate).

If there is not sufficient evidence that joint owners died other than simultaneously, Pennsylvania law provides a default rule for how the property is treated and distributed, which can change who ultimately owns what.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 8503.

This statute establishes that when there is no sufficient evidence that joint tenants (or tenants by the entireties) died otherwise than simultaneously, the property is distributed as if each had survived the other in specified shares—meaning survivorship may not operate the way families expect when deaths are close in time or proof is missing.

Why You Should Speak with an Attorney

While survivorship deeds are meant to be simple, updating title after multiple deaths is rarely simple in practice. Legal outcomes often depend on:

• Strict Deadlines: If the situation ends up requiring an estate decree that awards real estate, Pennsylvania law requires recording a certified copy of that decree in the county where the property is located to protect the title record. See 20 Pa.C.S. § 3536.
• Burden of Proof: You may need reliable evidence of the order of deaths (and the deed’s exact survivorship language) to avoid triggering the “simultaneous death” rule under 20 Pa.C.S. § 8503, which can change who inherits and whether probate is required.
• Exceptions: If the deed does not clearly create survivorship, or if there are disputes (family conflict, creditor issues, or allegations affecting inheritance rights), the property may not pass cleanly outside probate and may require court action to establish marketable title.

Because a deed/title mistake can block a sale or refinance for months (or trigger litigation), it’s usually worth having a Pennsylvania probate/real estate attorney review the deed, the death sequence, and what needs to be recorded to clear the chain of title.

If you want more background on how survivorship ownership interacts with probate, you may find these helpful: Joint tenancy with right of survivorship and avoiding probate in Pennsylvania and transferring a deed after a death in Pennsylvania.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

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.