HB 2124 — An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for uniform real property transfer on death.

PRINTER'S NO.   2744

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2124
                                               Session of
                                                 2026

     INTRODUCED BY BONNER, BRIGGS, HANBIDGE, VENKAT, HOHENSTEIN,
        SHUSTERMAN, SMITH, RIVERA, GALLAGHER, ZIMMERMAN, SOLOMON,
        BOYD AND SCIALABBA, JANUARY 9, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 9, 2026


                                    AN ACT
 1   Amending Title 20 (Decedents, Estates and Fiduciaries) of the
 2      Pennsylvania Consolidated Statutes, providing for uniform
 3      real property transfer on death.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 20 of the Pennsylvania Consolidated
 7   Statutes is amended by adding chapters to read:
 8                               CHAPTER 21A
 9                                (Reserved)
10                               CHAPTER 21B
11                UNIFORM REAL PROPERTY TRANSFER ON DEATH
12   Sec.
13   21B01.   Short title of chapter.
14   21B02.   Definitions.
15   21B03.   Applicability.
16   21B04.   Nonexclusivity.
17   21B05.   Transfer on death deed authorized.
18   21B06.   Transfer on death deed revocable.
 1   21B07.   Transfer on death deed nontestamentary.
 2   21B08.   Capacity of transferor.
 3   21B09.   Requirements.
 4   21B10.   Notice, delivery, acceptance and consideration not
 5               required.
 6   21B11.   Revocation.
 7   21B12.   Effect of transfer on death deed during transferor's
 8               life.
 9   21B13.   Effect of transfer on death deed on transferor's death
10               or divorce.
11   21B14.   Slayer or elder abuser.
12   21B15.   Disclaimer.
13   21B16.   Simultaneous death.
14   21B17.   Elective share.
15   21B18.   Liability for creditor claims and statutory allowances.
16   21B19.   Warning.
17   21B20.   Optional form of deed.
18   21B21.   Optional form of revocation.
19   21B22.   Prior deeds.
20   § 21B01.   Short title of chapter.
21      This chapter shall be known and may be cited as the Uniform
22   Real Property Transfer on Death Act.
23   § 21B02.   Definitions.
24      The following words and phrases when used in this chapter
25   shall have the meanings given to them in this section unless the
26   context clearly indicates otherwise:
27      "Beneficiary."      A person that receives property under a
28   transfer on death deed.
29      "Designated alternate beneficiary."      A person that receives
30   property under a transfer on death deed when the designated

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 1   beneficiary predeceases the transferor.
 2      "Designated beneficiary."    A person designated to receive
 3   property in a transfer on death deed.
 4      "Joint owner."   An individual who owns property concurrently
 5   with one or more other individuals with a right of survivorship.
 6   The term includes a joint tenant, owner of property with a right
 7   of survivorship and tenant by the entirety. The term does not
 8   include a tenant in common.
 9      "Lapse."    When a designated beneficiary predeceases a
10   transferor and no designated alternate beneficiary is named.
11      "Person."   An individual, corporation, business trust,
12   estate, trust, partnership, limited liability company,
13   association, joint venture, public corporation, government or
14   governmental subdivision, agency or instrumentality or any other
15   legal or commercial entity.
16      "Property."   An interest in real property located in this
17   Commonwealth which is transferable on the death of the owner.
18      "Transfer on death deed."    A deed authorized under this
19   chapter.
20      "Transferor."    An individual who makes a transfer on death
21   deed.
22   § 21B03.   Applicability.
23      This chapter applies to a transfer on death deed made before,
24   on or after the effective date of this section by a transferor
25   dying on or after the effective date of this section.
26   § 21B04.   Nonexclusivity.
27      This chapter does not affect any method of transferring
28   property otherwise permitted under the law of this Commonwealth.
29   § 21B05.   Transfer on death deed authorized.
30      An individual may transfer property to one or more

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 1   beneficiaries effective at the transferor's death by a transfer
 2   on death deed. The transfer may be made to a custodian under
 3   Chapter 53 (relating to Pennsylvania Uniform Transfers to Minors
 4   Act).
 5   § 21B06.    Transfer on death deed revocable.
 6      A transfer on death deed is revocable even if the deed or
 7   another instrument contains a contrary provision.
 8   § 21B07.    Transfer on death deed nontestamentary.
 9      A transfer on death deed is nontestamentary.
10   § 21B08.    Capacity of transferor.
11      The capacity required to make or revoke a transfer on death
12   deed is the same as the capacity required to make a will.
13   § 21B09.    Requirements.
14      A transfer on death deed:
15            (1)   except as otherwise provided in paragraph (2), must
16      contain the essential elements and formalities of a properly
17      recordable deed;
18            (2)   must state that the transfer to the designated
19      beneficiary is to occur at the transferor's death; and
20            (3)   must be recorded before the transferor's death in
21      the public records in the office of the county recorder of
22      deeds of the county where the property is located.
23   § 21B10.    Notice, delivery, acceptance and consideration not
24                  required.
25      A transfer on death deed is effective without:
26            (1)   notice or delivery to or acceptance by the
27      designated beneficiary during the transferor's life; or
28            (2)   consideration.
29   § 21B11.    Revocation.
30      (a)     Revocation authorized.--Subject to subsection (b), an

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 1   instrument is effective to revoke a transfer on death deed
 2   recorded as required by section 21B09(3) (relating to
 3   requirements), or any part of it, only if the instrument:
 4            (1)   is one of the following:
 5                  (i)    a transfer on death deed that revokes the deed
 6            or part of the deed expressly or by inconsistency;
 7                  (ii)    an instrument of revocation that expressly
 8            revokes the deed or part of the deed; or
 9                  (iii)    a deed that revokes the transfer on death deed
10            or part of the deed expressly or by inconsistency; and
11            (2)   is acknowledged by the transferor after the
12      acknowledgment of the transfer on death deed being revoked
13      and recorded before the transferor's death in the office of
14      the county recorder of deeds of the county where the transfer
15      on death deed is recorded.
16      (b)     More than one transferor.--If a transfer on death deed
17   is made by more than one transferor, the following apply:
18            (1)   revocation by a transferor does not affect the deed
19      as to the interest of another transferor; and
20            (2)   a transfer on death deed made by joint owners is
21      revoked only if it is revoked by all the living joint owners.
22      (c)     Transfer not limited.--This section does not limit a
23   transferor's ability to transfer the property during the
24   transferor's life.
25   § 21B12.    Effect of transfer on death deed during transferor's
26                  life.
27      (a)     General rule.--During a transferor's life, a transfer on
28   death deed does not:
29            (1)   affect an interest or right of the transferor or any
30      other owner, including the right to transfer or encumber the

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 1      property;
 2            (2)   affect an interest or right of a transferee, even if
 3      the transferee has actual or constructive notice of the deed;
 4            (3)   affect an interest or right of a secured or
 5      unsecured creditor or future creditor of the transferor, even
 6      if the creditor has actual or constructive notice of the
 7      deed;
 8            (4)   confer any interest in the property to the
 9      designated beneficiary or affect the designated beneficiary's
10      eligibility for any public benefit;
11            (5)   create a legal or equitable interest in favor of the
12      designated beneficiary; or
13            (6)   subject the property to claims or process of a
14      creditor of the designated beneficiary.
15      (b)     Not an asset transfer.--During a transferor's life, a
16   transfer on death deed shall not be deemed an asset transfer of
17   the property for assessing the transferor's eligibility for any
18   public benefit.
19   § 21B13.    Effect of transfer on death deed on transferor's death
20                  or divorce.
21      (a)     Death of transferor.--Except as otherwise provided in
22   the transfer on death deed or this section, on the death of the
23   transferor, the following rules apply to property that is the
24   subject of a transfer on death deed and owned by the transferor
25   at death:
26            (1)   Subject to paragraph (2), the interest in the
27      property is transferred to the designated beneficiary in
28      accordance with the deed.
29            (2)   The interest of a designated beneficiary is
30      contingent on the designated beneficiary surviving the

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 1      transferor. The interest of a designated beneficiary that
 2      fails to survive the transferor lapses. If there are multiple
 3      designated beneficiaries, the effect of a lapse under this
 4      paragraph results in the transfer of the interest of the
 5      deceased designated beneficiary to the surviving
 6      beneficiaries. If all designated beneficiaries predecease the
 7      transferor, the beneficiaries' interests terminate and the
 8      property passes with the transferor's estate.
 9            (3)   If the transferor has identified two or more
10      designated beneficiaries to receive concurrent interests in
11      the property, and the share of one or more designated
12      beneficiaries lapses or fails for any reason, the share or
13      shares shall be transferred to the remaining designated
14      beneficiaries in proportion to the interest of each in the
15      remaining part of the property held concurrently.
16            (4)   Subject to paragraph (3), concurrent interests are
17      transferred to the beneficiaries in equal and undivided
18      shares with no right of survivorship.
19      (b)   Divorce.--If the transferor and designated beneficiary
20   are married to each other when the transfer on death deed is
21   made, the following rules apply:
22            (1)   If a divorce decree is issued after the transfer on
23      death deed was made and no deed was recorded subsequent to
24      the issuance of the decree, section 2507(2) (relating to
25      modification of circumstances) shall apply to the interest of
26      the designated beneficiary as if the transfer of the property
27      was a bequest in the transferor's will.
28            (2)   If the transferor dies before the issuance of a
29      divorce decree, section 2507(2) shall apply to the interest
30      of the designated beneficiary as if the transfer of the

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 1      property was a bequest in the transferor's will.
 2      (c)   Beneficiary subject to interests.--Subject to section 1
 3   of the act of April 24, 1931 (P.L.48, No.40), entitled "An act
 4   requiring the recording of certain written agreements pertaining
 5   to real property, and prescribing the effect thereof as to
 6   subsequent purchasers, mortgagees, and judgment creditors of the
 7   parties thereto," a beneficiary takes the property subject to
 8   all conveyances, encumbrances, assignments, contracts,
 9   mortgages, liens and other interests to which the property is
10   subject at the transferor's death. For purposes of this
11   subsection and section 1 of the act of April 24, 1931 (P.L.48,
12   No.40), the recording of the transfer on death deed is deemed to
13   have occurred at the transferor's death.
14      (d)   Joint owners.--
15            (1)   If a transferor is a joint owner who dies and:
16                  (i)    is survived by one or more other joint owners,
17            the property that is the subject of a transfer on death
18            deed belongs to the surviving joint owner or owners with
19            right of survivorship; or
20                  (ii)   is the last surviving joint owner, the property
21            that is the subject of a transfer on death deed belongs
22            to the designated beneficiary or beneficiaries.
23            (2)   If the property that is the subject of a transfer on
24      death deed is held as tenants by the entireties and becomes
25      property held by tenants in common under other law of this
26      Commonwealth as a result of the divorce of the joint owners,
27      the interest of the designated beneficiary or beneficiaries
28      lapses.
29      (e)   No covenant or warranty of title.--Notwithstanding the
30   provisions of any other law of this Commonwealth, a transfer on

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 1   death deed transfers property without covenant or warranty of
 2   title even if the deed contains a contrary provision.
 3      (f)     Exempt from realty transfer tax.--A transfer of property
 4   pursuant to a transfer on death deed shall be exempt from the
 5   State and local realty transfer tax under Articles XI-C and XI-D
 6   of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
 7   Reform Code of 1971, section 301.1 of the act of December 31,
 8   1965 (P.L.1257, No.511), known as The Local Tax Enabling Act,
 9   and the act of August 5, 1932 (Sp.Sess., P.L.45, No.45),
10   referred to as the Sterling Act.
11      (g)     Due-on-sale provisions.--A lender shall not exercise a
12   due-on-sale clause upon a transfer on death under this chapter
13   to the extent prohibited by 12 U.S.C. § 1701j-3(d) (relating to
14   preemption of due-on-sale prohibitions) or other law.
15   § 21B14.    Slayer or elder abuser.
16      A slayer or elder abuser as defined in section 8801 (relating
17   to definitions) of a transferor shall be deemed to have
18   predeceased the transferor as to property which would have
19   passed to the slayer or elder abuser through a transfer on death
20   deed.
21   § 21B15.    Disclaimer.
22      A beneficiary may disclaim all or part of the beneficiary's
23   interest in property to be transferred under a transfer on death
24   deed by recording a disclaimer under Chapter 62 (relating to
25   disclaimers). An interest that is disclaimed under this section
26   is deemed to have lapsed.
27   § 21B16.    Simultaneous death.
28      If all transferors and designated beneficiaries die
29   simultaneously, the property to be transferred under a transfer
30   on death deed shall vest in the estates of the designated

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 1   beneficiaries.
 2   § 21B17.    Elective share.
 3      Property transferred under a transfer on death deed shall be
 4   considered part of the transferor's probate estate for purposes
 5   of a spouse's right to an elective share under Chapter 22
 6   (relating to elective share of surviving spouse).
 7   § 21B18.    Liability for creditor claims and statutory
 8                 allowances.
 9      (a)     Enforcement by probate estate.--To the extent a
10   transferor's probate estate is insufficient to satisfy an
11   allowed claim against the estate or a statutory allowance to a
12   surviving spouse, the estate may enforce the liability against
13   property transferred at the transferor's death by a transfer on
14   death deed.
15      (b)     Apportionment.--If more than one property is transferred
16   by one or more transfer on death deeds, the liability under
17   subsection (a) is apportioned among the properties in proportion
18   to their net values at the transferor's death.
19      (c)     Proceeding to enforce.--A proceeding to enforce the
20   liability under this section must be commenced not later than 18
21   months after the transferor's death.
22   § 21B19.    Warning.
23      (a)     Requirement.--A transfer on death deed shall contain the
24   following warnings:
25            WARNING:   The property transferred remains subject to
26      inheritance taxation in Pennsylvania to the same extent that
27      it would if the transferor did not execute this transfer on
28      death deed. Failure to timely pay inheritance taxes is
29      subject to interest and penalties as provided by law.
30            WARNING:   The property transferred remains subject to

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 1      claims for Medicaid Estate Recovery reimbursement to the
 2      extent necessary to discharge any such claim remaining after
 3      application of the assets of the transferor's estate.
 4            WARNING:   If your designated beneficiary dies before you,
 5      the property will not transfer to them. If your designated
 6      beneficiary dies before you, you may wish to redo this deed
 7      or consult a lawyer.
 8      (b)     Validity.--A transfer on death deed recorded as required
 9   by section 21B09(3) (relating to requirements) shall be valid
10   notwithstanding the existence of any defects in the wording of
11   the warnings required by this section or for failure to include
12   any warning.
13   § 21B20.    Optional form of deed.
14      The following form may be used to create a transfer on death
15   deed. The other sections of this chapter govern the effect of
16   this or any other instrument used to create a transfer on death
17   deed:
18                               (front of form)
19                       REVOCABLE TRANSFER ON DEATH DEED
20   NOTICE TO OWNER
21      You should carefully read all information on the other side
22   of this form. You May Want to Consult a Lawyer Before Using This
23   Form.
24      This form must be recorded before your death, or it will not
25   be effective.
26   IDENTIFYING INFORMATION
27      Owner or Owners Making This Deed:
28      ___________________________       ______________________________
29      Printed name                      Mailing address
30      ___________________________       ______________________________

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 1         Printed name                     Mailing address
 2         Legal description of the property: __________________________
 3   ________________________________________________________________
 4   DESIGNATED BENEFICIARY
 5         I designate the following beneficiary if the beneficiary
 6   survives me.
 7         ____________________          ________________________
 8         Printed name                  Mailing address
 9         Relationship to owner or owners - Optional
10   DESIGNATED ALTERNATE BENEFICIARY - Optional
11         If my primary beneficiary does not survive me, I designate
12   the following alternate beneficiary if that beneficiary survives
13   me.
14         ____________________        ________________________
15         Printed name                Mailing address
16         Relationship to owner or owners - Optional
17   TRANSFER ON DEATH
18         At my death, I transfer my interest in the described property
19   to the beneficiaries as designated above.
20         Before my death, I have the right to revoke this deed.
21   SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
22         _______________________________ (SEAL)________________
23         Signature                               Date
24         _______________________________ (SEAL)_________________
25         Signature                               Date
26         WARNING:    The property transferred remains subject to
27   inheritance taxation in Pennsylvania to the same extent that it
28   would if the transferor did not execute this transfer on death
29   deed. Failure to timely pay inheritance taxes is subject to
30   interest and penalties as provided by law.

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 1      WARNING:   The property transferred remains subject to claims
 2   for Medicaid Estate Recovery reimbursement to the extent
 3   necessary to discharge any such claim remaining after
 4   application of the assets of the transferor's estate.
 5      WARNING:   If your designated beneficiary dies before you, the
 6   property will not transfer to them. If your designated
 7   beneficiary dies before you, you may wish to redo this deed or
 8   consult a lawyer.
 9   ACKNOWLEDGMENT
10      (insert acknowledgment for deed here)
11      (back of form)
12   COMMON QUESTIONS ABOUT THE USE OF THIS FORM
13      What does the Transfer on Death (TOD) deed do?    When you die,
14   this deed transfers the described property, subject to any liens
15   or mortgages (or other encumbrances) on the property at your
16   death. Probate is not required. The TOD deed has no effect until
17   you die. You can revoke it at any time. You are also free to
18   transfer the property to someone else during your lifetime. If
19   you do not own any interest in the property when you die, this
20   deed will have no effect.
21      How do I make a TOD deed?    Complete this form or draft a
22   transfer on death deed on your own or with legal assistance.
23   Have it acknowledged (notarized) before a notary public. Record
24   the form in each county where any part of the property is
25   located. The form has no effect unless it is acknowledged
26   (notarized) and recorded before your death.
27      Is the "legal description" of the property necessary?    Yes.
28      How do I find the "legal description" of the property?    This
29   information may be on the deed you received when you became an
30   owner of the property. This information is also available in the

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 1   office of the county recorder of deeds for the county where the
 2   property is located. It is very important to obtain the proper
 3   "legal description" of the property. If you are not absolutely
 4   sure, consult a lawyer.
 5      Can I change my mind before I record the TOD deed?     Yes. If
 6   you have not yet recorded the deed and want to change your mind,
 7   simply tear up or otherwise destroy the deed.
 8      How do I "record" the TOD deed?     Take the completed and
 9   acknowledged form to the office of the county recorder of deeds
10   of the county where the property is located. Follow the
11   instructions given by the county recorder to make the form part
12   of the official property records. If the property is in more
13   than one county, you should record the deed in each county.
14      Does the TOD deed allow my beneficiary to avoid inheritance
15   taxes, Medicaid Estate Recovery or other debts I may have?      No.
16   Your beneficiary is still responsible for ensuring that your
17   debts are paid, including inheritance taxes and Medicaid Estate
18   Recovery.
19      Can I later revoke the TOD deed if I change my mind?     Yes.
20   You can revoke the TOD deed. No one, including the
21   beneficiaries, can prevent you from revoking the deed.
22      How do I revoke the TOD deed after it is recorded?     There are
23   three ways to revoke a recorded TOD deed:
24          (1)   Complete and acknowledge a revocation form and
25      record it in each county where the property is located.
26          (2)   Complete and acknowledge a new TOD deed that
27      disposes of the same property and record it in each county
28      where the property is located.
29          (3)   Record a deed that transfers the property to someone
30      else during your lifetime. You may not revoke the TOD deed in

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 1      your will.
 2      I am being pressured to complete this form. What should I do?
 3   Do not complete this form under pressure. Seek help from a
 4   trusted family member, friend or lawyer. You may be able to get
 5   free legal advice from a legal services organization.
 6      Do I need to tell the beneficiaries about the TOD deed?     No,
 7   but it is recommended. Secrecy can cause later complications and
 8   might make it easier for others to commit fraud.
 9      I have other questions about this form. What should I do?
10   This form is designed to fit some but not all situations. If you
11   have other questions, you are encouraged to consult a lawyer.
12   You may be able to get free legal advice from a legal services
13   organization.
14   § 21B21.   Optional form of revocation.
15      The following form may be used to create an instrument of
16   revocation of a transfer on death deed. The other sections of
17   this chapter govern the effect of this or any other instrument
18   used to revoke a transfer on death deed.
19                             (front of form)
20                   REVOCATION OF TRANSFER ON DEATH DEED
21   NOTICE TO OWNER
22      This revocation must be recorded before you die or it will
23   not be effective.
24      If you are the only owner of this property, this revocation
25   form voids the transfer on death deed(s) you have previously
26   signed and recorded, as long as you properly complete this
27   revocation form and record it before your death.
28      If you own this property as a "tenant in common" with other
29   people, this revocation form voids only your proportional
30   interest in the transfer on death deed(s) you have previously

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 1   signed and recorded, as long as you properly complete this
 2   revocation form and record it before your death.
 3      If you own this property as a "joint tenant" or as a "tenant
 4   by the entirety" with another person(s) who is still alive, this
 5   revocation is not valid unless those other living person(s) also
 6   sign the revocation form.
 7   IDENTIFYING INFORMATION
 8      Owner or Owners of Property Making This Revocation:
 9      ___________________________     ______________________________
10      Printed name                    Mailing address
11      ___________________________     ______________________________
12      Printed name                    Mailing address
13      Legal description of the property: __________________________
14   ________________________________________________________________
15   REVOCATION
16      I revoke all my previous transfers of this property by
17   transfer on death deed.
18   SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
19      _______________________________ (SEAL)_________________
20      Signature                              Date
21      _______________________________ (SEAL)________________
22      Signature                              Date
23   ACKNOWLEDGMENT
24      (insert acknowledgment here)
25      (back of form)
26   COMMON QUESTIONS ABOUT THE USE OF THIS FORM
27      How do I use this form to revoke a Transfer on Death (TOD)
28   deed?   Complete this form. Have it acknowledged (notarized)
29   before a notary public or other individual authorized to take
30   acknowledgments. Record the form in the public records in the

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 1   office of the county recorder of deeds of each county where the
 2   property is located. The form must be acknowledged (notarized)
 3   and recorded before your death or it has no effect.
 4      How do I find the "legal description" of the property?    This
 5   information may be on the TOD deed. It may also be available in
 6   the office of the county recorder of deeds for the county where
 7   the property is located. If you are not absolutely sure, consult
 8   a lawyer.
 9      How do I "record" the form?    Take the completed and
10   acknowledged (notarized) form to the office of the county
11   recorder of deeds of the county where the property is located.
12   Follow the instructions given by the county recorder to make the
13   form part of the official property records. If the property is
14   located in more than one county, you should record the form in
15   each of those counties.
16      I am being pressured to complete this form. What should I do?
17   Do not complete this form under pressure. Seek help from a
18   trusted family member, friend or lawyer.
19      I have other questions about this form. What should I do?
20   This form is designed to fit some but not all situations. If you
21   have other questions, consult a lawyer.
22   § 21B22.    Prior deeds.
23      This chapter does not affect the validity or effect of any
24   deed made prior to the effective date of this section.
25      Section 2.    This act shall take effect in 180 days.




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