Do I still need a transfer-on-death deed or a payable-on-death designation if my will already leaves all my property to my daughter? - Pennsylvania
The Short Answer
Often, yes—it can still be useful to use payable-on-death (POD) or transfer-on-death (TOD) beneficiary designations even if your will leaves everything to your daughter. In Pennsylvania, properly set TOD/POD designations generally pass outside the will and can reduce the amount of property that must go through probate.
What Pennsylvania Law Says
In Pennsylvania, certain assets can transfer at death by contract or by the way they are titled, rather than through your will. That means a TOD/POD beneficiary designation can control who receives that asset at death, and it is generally treated as nontestamentary (not governed by will formalities). As a result, your will may not be the document that controls those particular assets.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 6409.
This statute establishes that a transfer on death created through a beneficiary-form registration is effective because of the contract with the registering entity and is not testamentary (meaning it generally operates outside the will).
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even when a TOD/POD avoids probate for that asset, other property may still require an estate administration with court-driven timing requirements and creditor issues—delays can affect access to funds and the ability to transfer title cleanly.
- Burden of Proof: If family members challenge capacity, undue influence, or whether a designation was properly created/accepted by the institution, your daughter may need to prove the designation is valid and enforceable.
- Exceptions: Creditor rights can still apply in certain circumstances, and beneficiary designations can conflict with an overall estate plan (for example, if you later add beneficiaries, have debts, or want different treatment among heirs). Pennsylvania law also treats different asset types differently (bank accounts, securities, real estate), so the “right” tool depends on what you own and how it is titled.
Trying to coordinate a will with TOD/POD designations (and any jointly held property) without legal guidance can unintentionally create conflicts, probate delays, or unequal results—especially if your goal is a smooth transfer with minimal court involvement.
Get Connected with a Pennsylvania Attorney
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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.