House Bill 2124 (HB 2124) - Appel Yost LLP

Pennsylvania is considering a significant shift in how real estate can pass at death. House Bill 2124 (HB 2124) would adopt the Uniform Real Property Transfer on Death Act, allowing property owners to execute and record a deed that transfers property automatically upon death to a named beneficiary. This bill appears to have broad bipartisan support. The House Judiciary Committee voted unanimously to move the bill forward.

Under current law, Pennsylvania does not recognize transfer-on-death deeds for real estate, requiring property to pass either through probate or via alternative planning tools such as joint ownership or trusts. The proposed legislation would introduce a non-probate transfer mechanism that remains fully revocable during the owner’s lifetime and requires no beneficiary involvement until death.

One practical limitation of Pennsylvania’s small estate petition process is that it does not effectively address the transfer of real estate, often requiring a full probate proceeding even when personal property could otherwise be handled informally. If enacted, HB 2124’s authorization of transfer-on-death deeds could eliminate the barrier in certain cases, making the small estate petition a more viable alternative to probate even where real property is involved.

HB 2124 would also clarify key issues, including revocation, creditor claims, elective share rights, and recording requirements. If enacted, this law could simplify estate administration for many families but also introduce new legal considerations that should be carefully evaluated. In addition, inheritance tax and Medicaid recovery impacts will still be a concern. Contact one of our Estate Planning or Real Estate attorneys to learn more and discuss potential impacts to your estate plan.

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