What documentation is required to update the property deed after inheriting under a will? - Pennsylvania
The Short Answer
In Pennsylvania, inheriting a house under a will does not automatically “update the deed” in the public land records—you typically need estate documents (showing who has authority) and a properly prepared deed or court-certified documentation to record with the county Recorder of Deeds. The exact paperwork depends on whether the estate is being administered through a personal representative (executor) and whether there are liens, multiple beneficiaries, or other title issues.
What Pennsylvania Law Says
Pennsylvania law recognizes that, at death, legal title to a decedent’s real estate passes to the heirs or devisees (the people who inherit under a will), but that title is still subject to the estate administration process and the powers of the personal representative and the court. That is why recordable proof (not just the will itself) is usually needed to satisfy title companies, lenders, and future buyers.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 301.
This statute establishes that legal title to a decedent’s real estate passes at death to the heirs or devisees, but remains subject to the powers of the personal representative and orders of the court.
Why You Should Speak with an Attorney
Even though the will may say who inherits the property, getting the county land records and “marketable title” aligned with that inheritance can be complicated. What you must record (and what a title company will accept later) often depends on facts that are easy to miss.
- Strict Deadlines: Some estate-related decrees affecting real estate can lose protection against later purchasers or lienholders if not recorded on time. For example, certain family exemption decrees must be recorded within a specific timeframe to protect against later bona fide grantees or lienholders. See 20 Pa.C.S. § 3126(b).
- Burden of Proof: Recorders and title insurers typically require clear, recordable proof of (1) the decedent’s death, (2) the will’s probate status, and (3) the authority of the person signing any deed (often the executor/personal representative). If the wrong person signs, the “new deed” may not actually fix title.
- Exceptions: Joint ownership, life estates, unresolved mortgages, unpaid taxes, or multiple beneficiaries can change the correct transfer document (and whether court involvement is needed). A transfer that looks simple can create future problems when you try to refinance or sell.
Trying to handle this alone can lead to a rejected recording, a clouded title, or expensive corrections later—often at the worst possible time (like during a sale).
If you want more background on how deed transfers after a death are commonly handled, you may also find this helpful: How Do I Transfer a Deed Into My Name After a Death 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.