An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, providing for uniform real property transfer on death.
What changed between versions
Creates an entirely new chapter (Chapter 21B) in Title 20 of the Pennsylvania Consolidated Statutes establishing the Uniform Real Property Transfer on Death Act, which did not previously exist in law.
Includes a slayer/elder abuser provision deeming such a person to have predeceased the transferor, and an elective share provision making transferred property part of the probate estate for a surviving spouse's elective share claim.
A transfer on death deed must contain the essential elements of a recordable deed, state that transfer occurs at death, and be recorded in the county recorder of deeds office before the transferor's death.
A transfer on death deed is revocable at any time during the transferor's life and is nontestamentary. It has no effect on the transferor's rights, creditors, or public benefits eligibility during their lifetime.
Any individual may execute a transfer on death deed. The capacity required is the same as for making a will. Transfers may be made to one or more beneficiaries, including custodians under the Pennsylvania Uniform Transfers to Minors Act.
Transfers under a transfer on death deed are exempt from State and local realty transfer tax, but remain subject to inheritance taxation and Medicaid Estate Recovery claims.
If the probate estate is insufficient to satisfy creditor claims or statutory allowances, the estate may enforce liability against property transferred by a transfer on death deed, with proceedings limited to 18 months after death.
Defines key terms including 'transferor,' 'designated beneficiary,' 'designated alternate beneficiary,' 'joint owner,' 'lapse,' and 'transfer on death deed.'
The act takes effect 180 days after enactment. It applies to deeds made before, on, or after the effective date by a transferor dying on or after the effective date.