What steps do I need to remove a deceased co-owner’s name from the deed? - Pennsylvania
The Short Answer
In Pennsylvania, the “steps” depend on how the property was titled (for example, joint ownership with survivorship versus a tenancy in common). If the deed had a survivorship feature, the surviving owner typically becomes the owner by operation of law; if not, the deceased owner’s interest usually passes through the estate and must be transferred by the heirs/devisees (often with court involvement).
What Pennsylvania Law Says
Two rules drive most deed-update situations after a death: (1) whether the decedent’s interest passes automatically to a survivor, and (2) if it does not, who receives title at death (heirs/devisees) and what authority the estate’s personal representative has over the property during administration. These distinctions matter because the wrong approach can create a title defect that blocks refinancing, sale, or insurance coverage.
The Statute
The primary law governing who receives title to a decedent’s Pennsylvania real estate at death is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the decedent’s heirs or devisees (subject to the estate’s administration powers and court orders).
Why You Should Speak with an Attorney
Even when the end goal sounds simple (“remove a name from the deed”), the correct legal path depends on facts that title companies and county recorders scrutinize closely. Legal outcomes often depend on:
- How the deed is titled: If the property was held with a survivorship feature (common with spouses as tenants by the entireties), the survivor may own automatically; if it was a tenancy in common, the decedent’s share usually follows the will or intestacy under 20 Pa.C.S. § 301.
- Estate authority and competing claims: Even when heirs/devisees receive title at death, the personal representative can have significant powers over the property during administration, including possession/administration issues under 20 Pa.C.S. § 3311.
- Exceptions and red flags: Prior transfers, unclear survivorship language, missing probate filings, liens, or family disputes can force a court-driven solution instead of a straightforward title update.
Because a deed mistake can cloud title and derail a sale or refinance, it’s smart to have a Pennsylvania probate attorney review the deed language, the death certificate, and whether probate (or another court process) is required before anything is recorded.
If you want more background, you may also find these helpful: How Do I Transfer a Deed Into My Name After a Death in Pennsylvania? and Does Tenancy by the Entirety Avoid Probate 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.