HB 2124

                           CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 2744  PRINTER'S NO.   3818
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2124
                                            Session of
                                              2026
INTRODUCED BY BRIGGS, BONNER, HANBIDGE, VENKAT, HOHENSTEIN,
   SHUSTERMAN, SMITH, RIVERA, GALLAGHER, ZIMMERMAN, SOLOMON,
   BOYD, SCIALABBA, KENYATTA, KUZMA, MARCELL, COOPER, FLICK,
   MENTZER AND MARKOSEK, 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:
8CHAPTER 21A
9(Reserved)
10CHAPTER 21B
11UNIFORM 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.
1 21B06.   Transfer on death deed revocable.
2 21B07.   Transfer on death deed nontestamentary.
3 21B08.   Capacity of transferor.
4 21B09.   Requirements.
5 21B10.   Notice, delivery, acceptance and consideration not
6required.
7 21B11.   Revocation.
8 21B12.   Effect of transfer on death deed during transferor's
9life.
10 21B13.   Effect of transfer on death deed on transferor's death
11or divorce.
12 21B14.   Slayer or elder abuser.
13 21B15.   Disclaimer.
14 21B16.   Simultaneous death.
15 21B17.   Elective share.
16 21B18.   Liability for creditor claims and statutory allowances.
17 21B19.   Warning.
18 21B20.   Optional form of deed.
19 21B21.   Optional form of revocation.
20 21B22.   Prior deeds.
21 § 21B01.   Short title of chapter.
22    This chapter shall be known and may be cited as the Uniform
23 Real Property Transfer on Death Act.
24 § 21B02.   Definitions.
25    The following words and phrases when used in this chapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28    "Beneficiary."      A person that receives property under a
29 transfer on death deed.
30    "Designated alternate beneficiary."      A person that receives
20260HB2124PN3818  - 2 -
1 property under a transfer on death deed when the designated
2 beneficiary predeceases the transferor.
3    "Designated beneficiary."    A person designated to receive
4 property in a transfer on death deed.
5    "Joint owner."   An individual who owns property concurrently
6 with one or more other individuals with a right of survivorship.
7 The term includes a joint tenant, owner of property with a right
8 of survivorship and tenant by the entirety. The term does not
9 include a tenant in common.
10    "Lapse."    When a designated beneficiary predeceases a
11 transferor and no designated alternate beneficiary is named.
12    "Person."   An individual, corporation, business trust,
13 estate, trust, partnership, limited liability company,
14 association, joint venture, public corporation, government or
15 governmental subdivision, agency or instrumentality or any other
16 legal or commercial entity.
17    "Property."   An interest in real property located in this
18 Commonwealth which is transferable on the death of the owner.
19    "Transfer on death deed."    A deed authorized under this
20 chapter.
21    "Transferor."    An individual who makes a transfer on death
22 deed.
23 § 21B03.   Applicability.
24    This chapter applies to a transfer on death deed made before,
25 on or after the effective date of this section by a transferor
26 dying on or after the effective date of this section.
27 § 21B04.   Nonexclusivity.
28    This chapter does not affect any method of transferring
29 property otherwise permitted under the law of this Commonwealth.
30 § 21B05.   Transfer on death deed authorized.
20260HB2124PN3818  - 3 -
1    An individual may transfer property to one or more
2 beneficiaries effective at the transferor's death by a transfer
3 on death deed. The transfer may be made to a custodian under
4 Chapter 53 (relating to Pennsylvania Uniform Transfers to Minors
5 Act).
6 § 21B06.   Transfer on death deed revocable.
7    A transfer on death deed is revocable even if the deed or
8 another instrument contains a contrary provision.
9 § 21B07.   Transfer on death deed nontestamentary.
10    A transfer on death deed is nontestamentary.
11 § 21B08.   Capacity of transferor.
12    The capacity required to make or revoke a transfer on death
13 deed is the same as the capacity required to make a will.
14 § 21B09.   Requirements.
15    A transfer on death deed:
16(1)   except as otherwise provided in paragraph (2), must
17    contain the essential elements and formalities of a properly
18    recordable deed;
19(2)   must state that the transfer to the designated
20    beneficiary is to occur at the transferor's death; and
21(3)   must be recorded before the transferor's death in
22    the public records in the office of the county recorder of
23    deeds of the county where the property is located.
24 § 21B10.   Notice, delivery, acceptance and consideration not
25required.
26    A transfer on death deed is effective without:
27(1)   notice or delivery to or acceptance by the
28    designated beneficiary during the transferor's life; or
29(2)   consideration.
30 § 21B11.   Revocation.
20260HB2124PN3818  - 4 -
1    (a)     Revocation authorized.--Subject to subsection (b), an
2 instrument is effective to revoke a transfer on death deed
3 recorded as required by section 21B09(3) (relating to
4 requirements), or any part of it, only if the instrument:
5(1)   is one of the following:
6(i)    a transfer on death deed that revokes the deed
7or part of the deed expressly or by inconsistency;
8(ii)    an instrument of revocation that expressly
9revokes the deed or part of the deed; or
10(iii)    a deed that revokes the transfer on death deed
11or part of the deed expressly or by inconsistency; and
12(2)   is acknowledged by the transferor after the
13    acknowledgment of the transfer on death deed being revoked
14    and recorded before the transferor's death in the office of
15    the county recorder of deeds of the county where the transfer
16    on death deed is recorded.
17    (b)     More than one transferor.--If a transfer on death deed
18 is made by more than one transferor, the following apply:
19(1)   revocation by a transferor does not affect the deed
20    as to the interest of another transferor; and
21(2)   a transfer on death deed made by joint owners is
22    revoked only if it is revoked by all the living joint owners.
23    (c)     Transfer not limited.--This section does not limit a
24 transferor's ability to transfer the property during the
25 transferor's life.
26 § 21B12.    Effect of transfer on death deed during transferor's
27life.
28    (a)     General rule.--During a transferor's life, a transfer on
29 death deed does not:
30(1)   affect an interest or right of the transferor or any
20260HB2124PN3818  - 5 -
1    other owner, including the right to transfer or encumber the
2    property;
3(2)   affect an interest or right of a transferee, even if
4    the transferee has actual or constructive notice of the deed;
5(3)   affect an interest or right of a secured or
6    unsecured creditor or future creditor of the transferor, even
7    if the creditor has actual or constructive notice of the
8    deed;
9(4)   confer any interest in the property to the
10    designated beneficiary or affect the designated beneficiary's
11    eligibility for any public benefit;
12(5)   create a legal or equitable interest in favor of the
13    designated beneficiary; or
14(6)   subject the property to claims or process of a
15    creditor of the designated beneficiary.
16    (b)     Not an asset transfer.--During a transferor's life, a
17 transfer on death deed shall not be deemed an asset transfer of
18 the property for assessing the transferor's eligibility for any
19 public benefit.
20 § 21B13.    Effect of transfer on death deed on transferor's death
21or divorce.
22    (a)     Death of transferor.--Except as otherwise provided in
23 the transfer on death deed or this section, on the death of the
24 transferor, the following rules apply to property that is the
25 subject of a transfer on death deed and owned by the transferor
26 at death:
27(1)   Subject to paragraph (2), the interest in the
28    property is transferred to the designated beneficiary in
29    accordance with the deed.
30(2)   The interest of a designated beneficiary is
20260HB2124PN3818  - 6 -
1    contingent on the designated beneficiary surviving the
2    transferor. The interest of a designated beneficiary that
3    fails to survive the transferor lapses. If there are multiple
4    designated beneficiaries, the effect of a lapse under this
5    paragraph results in the transfer of the interest of the
6    deceased designated beneficiary to the surviving
7    beneficiaries. If all designated beneficiaries predecease the
8    transferor, the beneficiaries' interests terminate and the
9    property passes with the transferor's estate.
10(3)   If the transferor has identified two or more
11    designated beneficiaries to receive concurrent interests in
12    the property, and the share of one or more designated
13    beneficiaries lapses or fails for any reason, the share or
14    shares shall be transferred to the remaining designated
15    beneficiaries in proportion to the interest of each in the
16    remaining part of the property held concurrently.
17(4)   Subject to paragraph (3), concurrent interests are
18    transferred to the beneficiaries in equal and undivided
19    shares with no right of survivorship.
20    (b)   Divorce.--If the transferor and designated beneficiary
21 are married to each other when the transfer on death deed is
22 made, the following rules apply:
23(1)   If a divorce decree is issued after the transfer on
24    death deed was made and no deed was recorded subsequent to
25    the issuance of the decree, section 2507(2) (relating to
26    modification of circumstances) shall apply to the interest of
27    the designated beneficiary as if the transfer of the property
28    was a bequest in the transferor's will.
29(2)   If the transferor dies before the issuance of a
30    divorce decree, section 2507(2) shall apply to the interest
20260HB2124PN3818  - 7 -
1    of the designated beneficiary as if the transfer of the
2    property was a bequest in the transferor's will.
3    (c)   Beneficiary subject to interests.--Subject to section 1
4 of the act of April 24, 1931 (P.L.48, No.40), entitled "An act
5 requiring the recording of certain written agreements pertaining
6 to real property, and prescribing the effect thereof as to
7 subsequent purchasers, mortgagees, and judgment creditors of the
8 parties thereto," a beneficiary takes the property subject to
9 all conveyances, encumbrances, assignments, contracts,
10 mortgages, liens and other interests to which the property is
11 subject at the transferor's death. For purposes of this
12 subsection and section 1 of the act of April 24, 1931 (P.L.48,
13 No.40), the recording of the transfer on death deed is deemed to
14 have occurred at the transferor's death.
15    (d)   Joint owners.--
16(1)   If a transferor is a joint owner who dies and:
17(i)    is survived by one or more other joint owners,
18the property that is the subject of a transfer on death
19deed belongs to the surviving joint owner or owners with
20right of survivorship; or
21(ii)   is the last surviving joint owner, the property
22that is the subject of a transfer on death deed belongs
23to the designated beneficiary or beneficiaries.
24(2)   If the property that is the subject of a transfer on
25    death deed is held as tenants by the entireties and becomes
26    property held by tenants in common under other law of this
27    Commonwealth as a result of the divorce of the joint owners,
28    the interest of the designated beneficiary or beneficiaries
29    lapses.
30    (e)   No covenant or warranty of title.--Notwithstanding the
20260HB2124PN3818  - 8 -
1 provisions of any other law of this Commonwealth, a transfer on
2 death deed transfers property without covenant or warranty of
3 title even if the deed contains a contrary provision.
4    (f)     Exempt from realty transfer tax.--A transfer of property
5 pursuant to a transfer on death deed shall be exempt from the
6 State and local realty transfer tax under Articles XI-C and XI-D
7 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
8 Reform Code of 1971, section 301.1 of the act of December 31,
9 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act,
10 and the act of August 5, 1932 (Sp.Sess., P.L.45, No.45),
11 referred to as the Sterling Act.
12    (g)     Due-on-sale provisions.--A lender shall not exercise a
13 due-on-sale clause upon a transfer on death under this chapter
14 to the extent prohibited by 12 U.S.C. § 1701j-3(d) (relating to
15 preemption of due-on-sale prohibitions) or other law.
16 § 21B14.    Slayer or elder abuser.
17    A slayer or elder abuser as defined in section 8801 (relating
18 to definitions) of a transferor shall be deemed to have
19 predeceased the transferor as to property which would have
20 passed to the slayer or elder abuser through a transfer on death
21 deed.
22 § 21B15.    Disclaimer.
23    A beneficiary may disclaim all or part of the beneficiary's
24 interest in property to be transferred under a transfer on death
25 deed by recording a disclaimer under Chapter 62 (relating to
26 disclaimers). An interest that is disclaimed under this section
27 is deemed to have lapsed.
28 § 21B16.    Simultaneous death.
29    If all transferors and designated beneficiaries die
30 simultaneously, the property to be transferred under a transfer
20260HB2124PN3818  - 9 -
1 on death deed shall vest in the estates of the designated
2 beneficiaries.
3 § 21B17.    Elective share.
4    Property transferred under a transfer on death deed shall be
5 considered part of the transferor's probate estate for purposes
6 of a spouse's right to an elective share under Chapter 22
7 (relating to elective share of surviving spouse).
8 § 21B18.    Liability for creditor claims and statutory
9allowances.
10    (a)     Enforcement by probate estate.--To the extent a
11 transferor's probate estate is insufficient to satisfy an
12 allowed claim against the estate or a statutory allowance to a
13 surviving spouse, the estate may enforce the liability against
14 property transferred at the transferor's death by a transfer on
15 death deed.
16    (b)     Apportionment.--If more than one property is transferred
17 by one or more transfer on death deeds, the liability under
18 subsection (a) is apportioned among the properties in proportion
19 to their net values at the transferor's death.
20    (c)     Proceeding to enforce.--A proceeding to enforce the
21 liability under this section must be commenced not later than 18
22 months after the transferor's death.
23 § 21B19.    Warning.
24    (a)     Requirement.--A transfer on death deed shall contain the
25 following warnings:
26WARNING:   The property transferred remains subject to
27    inheritance taxation in Pennsylvania to the same extent that
28    it would if the transferor did not execute this transfer on
29    death deed. Failure to timely pay inheritance taxes is
30    subject to interest and penalties as provided by law.
20260HB2124PN3818  - 10 -
1WARNING:   The property transferred remains subject to
2    claims for Medicaid Estate Recovery reimbursement to the
3    extent necessary to discharge any such claim remaining after
4    application of the assets of the transferor's estate.
5WARNING:   If your designated beneficiary dies before you,
6    the property will not transfer to them. If your designated
7    beneficiary dies before you, you may wish to redo this deed
8    or consult a lawyer.
9    (b)     Validity.--A transfer on death deed recorded as required
10 by section 21B09(3) (relating to requirements) shall be valid
11 notwithstanding the existence of any defects in the wording of
12 the warnings required by this section or for failure to include
13 any warning.
14 § 21B20.    Optional form of deed.
15    The following form may be used to create a transfer on death
16 deed. The other sections of this chapter govern the effect of
17 this or any other instrument used to create a transfer on death
18 deed:
19(front of form)
20REVOCABLE TRANSFER ON DEATH DEED
21 NOTICE TO OWNER
22    You should carefully read all information on the other side
23 of this form. You May Want to Consult a Lawyer Before Using This
24 Form.
25    This form must be recorded before your death, or it will not
26 be effective.
27 IDENTIFYING INFORMATION
28    Owner or Owners Making This Deed:
29    ___________________________       ______________________________
30    Printed name  Mailing address
20260HB2124PN3818  - 11 -
1___________________________      ______________________________
2Printed name  Mailing address
3Legal description of the property: __________________________
4 ________________________________________________________________
5 DESIGNATED BENEFICIARY
6I designate the following beneficiary if the beneficiary
7 survives me.
8____________________  ________________________
9Printed name  Mailing address
10Relationship to owner or owners - Optional
11 DESIGNATED ALTERNATE BENEFICIARY - Optional
12If my primary beneficiary does not survive me, I designate
13 the following alternate beneficiary if that beneficiary survives
14 me.
15____________________        ________________________
16Printed name  Mailing address
17Relationship to owner or owners - Optional
18 TRANSFER ON DEATH
19At my death, I transfer my interest in the described property
20 to the beneficiaries as designated above.
21Before my death, I have the right to revoke this deed.
22 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
23_______________________________ (SEAL)________________
24Signature  Date
25_______________________________ (SEAL)_________________
26Signature  Date
27WARNING:    The property transferred remains subject to
28 inheritance taxation in Pennsylvania to the same extent that it
29 would if the transferor did not execute this transfer on death
30 deed. Failure to timely pay inheritance taxes is subject to
20260HB2124PN3818  - 12 -
1 interest and penalties as provided by law.
2    WARNING:   The property transferred remains subject to claims
3 for Medicaid Estate Recovery reimbursement to the extent
4 necessary to discharge any such claim remaining after
5 application of the assets of the transferor's estate.
6    WARNING:   If your designated beneficiary dies before you, the
7 property will not transfer to them. If your designated
8 beneficiary dies before you, you may wish to redo this deed or
9 consult a lawyer.
10 ACKNOWLEDGMENT
11    (insert acknowledgment for deed here)
12    (back of form)
13 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
14    What does the Transfer on Death (TOD) deed do?    When you die,
15 this deed transfers the described property, subject to any liens
16 or mortgages (or other encumbrances) on the property at your
17 death. Probate is not required. The TOD deed has no effect until
18 you die. You can revoke it at any time. You are also free to
19 transfer the property to someone else during your lifetime. If
20 you do not own any interest in the property when you die, this
21 deed will have no effect.
22    How do I make a TOD deed?    Complete this form or draft a
23 transfer on death deed on your own or with legal assistance.
24 Have it acknowledged (notarized) before a notary public. Record
25 the form in each county where any part of the property is
26 located. The form has no effect unless it is acknowledged
27 (notarized) and recorded before your death.
28    Is the "legal description" of the property necessary?    Yes.
29    How do I find the "legal description" of the property?    This
30 information may be on the deed you received when you became an
20260HB2124PN3818  - 13 -
1 owner of the property. This information is also available in the
2 office of the county recorder of deeds for the county where the
3 property is located. It is very important to obtain the proper
4 "legal description" of the property. If you are not absolutely
5 sure, consult a lawyer.
6    Can I change my mind before I record the TOD deed?     Yes. If
7 you have not yet recorded the deed and want to change your mind,
8 simply tear up or otherwise destroy the deed.
9    How do I "record" the TOD deed?     Take the completed and
10 acknowledged form to the office of the county recorder of deeds
11 of the county where the property is located. Follow the
12 instructions given by the county recorder to make the form part
13 of the official property records. If the property is in more
14 than one county, you should record the deed in each county.
15    Does the TOD deed allow my beneficiary to avoid inheritance
16 taxes, Medicaid Estate Recovery or other debts I may have?      No.
17 Your beneficiary is still responsible for ensuring that your
18 debts are paid, including inheritance taxes and Medicaid Estate
19 Recovery.
20    Can I later revoke the TOD deed if I change my mind?     Yes.
21 You can revoke the TOD deed. No one, including the
22 beneficiaries, can prevent you from revoking the deed.
23    How do I revoke the TOD deed after it is recorded?     There are
24 three ways to revoke a recorded TOD deed:
25(1)   Complete and acknowledge a revocation form and
26    record it in each county where the property is located.
27(2)   Complete and acknowledge a new TOD deed that
28    disposes of the same property and record it in each county
29    where the property is located.
30(3)   Record a deed that transfers the property to someone
20260HB2124PN3818  - 14 -
1    else during your lifetime. You may not revoke the TOD deed in
2    your will.
3    I am being pressured to complete this form. What should I do?
4 Do not complete this form under pressure. Seek help from a
5 trusted family member, friend or lawyer. You may be able to get
6 free legal advice from a legal services organization.
7    Do I need to tell the beneficiaries about the TOD deed?     No,
8 but it is recommended. Secrecy can cause later complications and
9 might make it easier for others to commit fraud.
10    I have other questions about this form. What should I do?
11 This form is designed to fit some but not all situations. If you
12 have other questions, you are encouraged to consult a lawyer.
13 You may be able to get free legal advice from a legal services
14 organization.
15 § 21B21.   Optional form of revocation.
16    The following form may be used to create an instrument of
17 revocation of a transfer on death deed. The other sections of
18 this chapter govern the effect of this or any other instrument
19 used to revoke a transfer on death deed.
20(front of form)
21REVOCATION OF TRANSFER ON DEATH DEED
22 NOTICE TO OWNER
23    This revocation must be recorded before you die or it will
24 not be effective.
25    If you are the only owner of this property, this revocation
26 form voids the transfer on death deed(s) you have previously
27 signed and recorded, as long as you properly complete this
28 revocation form and record it before your death.
29    If you own this property as a "tenant in common" with other
30 people, this revocation form voids only your proportional
20260HB2124PN3818  - 15 -
1 interest in the transfer on death deed(s) you have previously
2 signed and recorded, as long as you properly complete this
3 revocation form and record it before your death.
4    If you own this property as a "joint tenant" or as a "tenant
5 by the entirety" with another person(s) who is still alive, this
6 revocation is not valid unless those other living person(s) also
7 sign the revocation form.
8 IDENTIFYING INFORMATION
9    Owner or Owners of Property Making This Revocation:
10    ___________________________     ______________________________
11    Printed name  Mailing address
12    ___________________________     ______________________________
13    Printed name  Mailing address
14    Legal description of the property: __________________________
15 ________________________________________________________________
16 REVOCATION
17    I revoke all my previous transfers of this property by
18 transfer on death deed.
19 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
20    _______________________________ (SEAL)_________________
21    Signature  Date
22    _______________________________ (SEAL)________________
23    Signature  Date
24 ACKNOWLEDGMENT
25    (insert acknowledgment here)
26    (back of form)
27 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
28    How do I use this form to revoke a Transfer on Death (TOD)
29 deed?   Complete this form. Have it acknowledged (notarized)
30 before a notary public or other individual authorized to take
20260HB2124PN3818  - 16 -
1 acknowledgments. Record the form in the public records in the
2 office of the county recorder of deeds of each county where the
3 property is located. The form must be acknowledged (notarized)
4 and recorded before your death or it has no effect.
5    How do I find the "legal description" of the property?    This
6 information may be on the TOD deed. It may also be available in
7 the office of the county recorder of deeds for the county where
8 the property is located. If you are not absolutely sure, consult
9 a lawyer.
10    How do I "record" the form?    Take the completed and
11 acknowledged (notarized) form to the office of the county
12 recorder of deeds of the county where the property is located.
13 Follow the instructions given by the county recorder to make the
14 form part of the official property records. If the property is
15 located in more than one county, you should record the form in
16 each of those counties.
17    I am being pressured to complete this form. What should I do?
18 Do not complete this form under pressure. Seek help from a
19 trusted family member, friend or lawyer.
20    I have other questions about this form. What should I do?
21 This form is designed to fit some but not all situations. If you
22 have other questions, consult a lawyer.
23 § 21B22.    Prior deeds.
24    This chapter does not affect the validity or effect of any
25 deed made prior to the effective date of this section.
26    Section 2.    This act shall take effect in 180 days.
20260HB2124PN3818  - 17 -