If a loved one has passed away and their name is still listed on the deed to a property in Pennsylvania, it is important to update the ownership records to reflect the change. This is a critical legal step—especially if you plan to sell, refinance, or pass the property to another heir in the future. At Latoison Law in Media, PA, our experienced deed attorneys help families across Pennsylvania remove deceased owners from property deeds quickly and accurately.
Whether you are the surviving spouse, a family member, or the executor of an estate, we make the process as simple and stress-free as possible. Call (610) 999-1439 or visit us at 8 South Plum Street, Media, PA 19063 to get started with a dedicated deed lawyer today.
Why You Need to Update the Deed After Death
When someone dies, their name remains on the deed until it is legally removed. If this step is skipped or delayed, it can cause major issues down the line. Title companies may refuse to issue insurance. Banks may block refinancing. And in many cases, a future sale of the property will be delayed—or even fall through—due to unclear ownership.
Updating the deed ensures:
- Clear legal title to the property
- Protection against future inheritance or lien disputes
- A smoother path for probate or estate administration
- Compliance with county and state property laws
What Happens Depends on How the Property Was Owned
The steps for removing a deceased owner from a deed vary based on how the property was titled at the time of death. Here’s how each scenario typically plays out in Pennsylvania:
Joint Tenancy with Right of Survivorship
If the deceased co-owner held the property with you in joint tenancy with right of survivorship, the surviving owner automatically becomes the full owner of the property. While probate is usually not required, you still need to record the death certificate and update the deed to reflect sole ownership. Our real estate attorneys can handle this quickly, often within 48 hours.
Tenancy by the Entirety (Spouses)
Married couples in Pennsylvania often hold property as tenants by the entirety, which also allows the surviving spouse to inherit the property automatically. Still, the Recorder of Deeds will require a new deed and death certificate to officially update the ownership. This is one of the most common requests we handle.
Sole Ownership or Tenancy in Common
If the deceased person was the sole owner or owned the property as a tenant in common, the property interest passes through the estate and must go through probate. A personal representative or executor will need to transfer the property to the rightful heirs using an executor’s deed or similar legal instrument. This process can be more complex, but our team will guide you through every step.
What You’ll Need to Get Started
To remove a deceased owner from a deed, you may need some or all of the following:
- A certified copy of the death certificate
- The original or most recent deed
- Estate documents if the property is going through probate
- A new deed prepared by a deed attorney
- Completion of the Statement of Value form for tax purposes
The specific requirements vary slightly by county, but our firm is familiar with procedures across Delaware County, Montgomery County, Chester County, and the surrounding regions.
Did You Know?
In Pennsylvania, transferring property from a parent to a child is generally exempt from real estate transfer tax, which can save thousands of dollars—but only if the deed is filed correctly. The exemption must be properly claimed using a Statement of Value, and the deed must include specific language identifying the familial relationship.
Even a small mistake in how the transfer is recorded can result in the tax being imposed, or the filing being rejected altogether. That’s why it’s always a good idea to have a deed attorney review the documents before filing, even when the transfer is a gift within the family.
At Latoison Law, we handle parent-to-child deed transfers quickly and accurately, helping families avoid unnecessary costs and complications.
Why Work with a Deed Attorney?
It is possible to attempt this process on your own, but mistakes are common. Incomplete paperwork, misfiled forms, or overlooked transfer tax exemptions can lead to delays, penalties, or rejection by the Recorder of Deeds. By working with a knowledgeable deed lawyer near you, you gain peace of mind knowing the transfer will be handled correctly, legally, and quickly.
At Latoison Law, our team:
- Drafts the new deed and supporting documentation
- Verifies the correct form of ownership was used
- Identifies applicable probate or tax requirements
- Records the updated deed with the county office
- Provides clear guidance every step of the way
Call Latoison Law Today
If someone you love has passed away and you need help updating the property deed, don’t navigate the process alone. Call (610) 999-1439 or visit us at 8 South Plum Street, Media, PA 19063 to speak with an experienced Pennsylvania deed transfer attorney today. We are here to make sure everything is handled with care, accuracy, and respect.