A proposal currently before the Pennsylvania General Assembly could make it easier for property owners to transfer real estate to loved ones after their death without going through the probate process.
Introduced on January 9, 2026, Pennsylvania House Bill 2124, known as the Uniform Real Property Transfer on Death Act, would allow property owners to record a Transfer on Death (TOD) deed naming one or more beneficiaries to receive the property upon the owner’s death. Similar to beneficiary designations used for bank and investment accounts, the deed would not take effect until the owner’s death and could be changed or revoked during the owner’s lifetime.
State Rep Tim Brennan (D Bucks) with Bucks Co Recorder of Deeds Rachel Robinson
Credit: Submitted
“HB 2124 would allow a property owner to pass real estate (usually their home) upon their death directly to a beneficiary, without going through a probate process in the court system. This is a straightforward and inexpensive way for people to simply pass along what’s often their most valuable asset in their estate – their home – while saving grieving family members time and money,” said State Representative Tim Brennan (D Bucks)
Republican state Rep Kristin Marcell (Bucks) cosponsors the bill also.
According to estate attorney, Dianne Magee, Esq., the legislation would provide “a simple and expedient process for the transfer of real estate after the death of the owner, without the necessity of probate.” While Pennsylvania’s probate and estate administration process is generally informal and relatively straightforward, the proposed law could reduce administrative burdens for families, particularly when a home is the owner’s primary asset.
Magee noted that the legislation is based on a model act developed by the Uniform Law Commission and approved by the American Bar Association. Similar laws have already been enacted in 23 states, while Pennsylvania is among the states that have introduced legislation for consideration.
Importantly, House Bill 2124 would not eliminate Pennsylvania inheritance tax. Beneficiaries receiving real estate through a Transfer on Death deed would still be responsible for any applicable inheritance tax. In addition, beneficiary designations would remain revocable until the owner’s death, allowing property owners to retain control of their real estate during their lifetime.
Magee supports the legislation, stating that it would be “a positive benefit for Pennsylvanians” provided appropriate safeguards are included to protect the integrity of deeds.
Twenty-two (22) states have enacted the Uniform Real Property Transfer on Death Act and five others have introduced it this legislative session. Please join us in supporting this important piece of legislation for Pennsylvania real property owners, said the measures prime sponsor, Rep Tim Briggs (D-Mont Co)
Residents who would like to express their opinions about House Bill 2124 can contact their Pennsylvania state Senator and state Representative. Because legislative districts cover portions of Bucks County, residents can contact their legislators who represent their particular municipality by clicking here and follow the instructions provided.
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