Bill > HB2124

This bill establishes the Uniform Real Property Transfer on Death Act in Pennsylvania, allowing individuals to designate beneficiaries to inherit their real property upon their death without going through the probate process, which is the legal process of administering a deceased person's estate. The bill defines key terms like "transferor" (the person making the deed), "beneficiary" (the person receiving the property), and "transfer on death deed" (the legal document used for this purpose). It specifies that such deeds are revocable, nontestamentary (meaning they don't function like a will), and require the same legal capacity as making a will. To be valid, a transfer on death deed must meet the requirements of a recordable deed, clearly state the transfer occurs at death, and be recorded in the county where the property is located before the transferor's death. Importantly, notice to or acceptance by the beneficiary during the transferor's lifetime, or any payment of consideration, is not required for the deed to be effective. The bill also outlines how these deeds can be revoked, their effect during the transferor's life (which is minimal, as the transferor retains full control), and their impact upon the transferor's death, including provisions for divorce, simultaneous death, and situations involving slayers or elder abusers. It clarifies that property transferred via a transfer on death deed remains subject to inheritance taxes and Medicaid Estate Recovery claims, and that a surviving spouse can still claim an elective share from such property. The bill provides optional forms for both the transfer on death deed and its revocation, and states that it does not affect the validity of deeds made before its effective date.