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HB 2124

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

2025-2026 Regular Session Introduced by Tim Bonner and 18 co-sponsors

Allows a real property owner to designate a beneficiary to receive title after death without probate via a transfer-on-death TOD designation.

Laid on the table
0
WeVote Research Nonpartisan
Bill Summary · HB 2124

Summary of Bill: HB 2124 (2025-2026) — Uniform Real Property Transfer on Death Act (Pennsylvania)

Purpose and Intent

  • Establishes a Uniform Real Property Transfer on Death Act within Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes.
  • Objective: Provide a streamlined, voluntary mechanism to pass real property upon the death of the owner, outside of probate, by designating a transferee who would receive title to real property at the owner's death.

Key Provisions and How They Work

  • Real Property Transfer on Death (TOD): The bill would authorize a transfer-on-death designation for real property, allowing an owner to name one or more beneficiaries who would receive title to the property after the owner’s death without the property going through the probate process.
  • Execution and Form: The bill would specify the form, execution requirements, and recording steps necessary to establish a TOD designation. This typically includes filing a TOD designation with the appropriate county recorder of deeds or similar authority and ensuring the designation is properly signed, witnessed, or notarized as required by Pennsylvania law.
  • Revocation and Changes: Provisions would outline how the TOD designation can be revoked or amended during the owner’s lifetime, including requirements for making changes to TOD beneficiaries or terminating the TOD authority.
  • Priority and Conflicts: Address potential conflicts with existing wills, trusts, or mortgage lenders. The act would set rules about how TOD designations interact with other estate plans and liens, and how competing claims are resolved.
  • Ownership and Transfer: Upon the owner’s death, the designated beneficiary would receive an interest in the real property, subject to any existing encumbrances, with a transfer that may simplify title transfer and avoid or reduce probate involvement.

Who Would Be Affected

  • Individual real property owners in Pennsylvania who seek to designate a beneficiary to receive their property at death without probating the deed.
  • Heirs, beneficiaries, and potential transferees of real property who would be named in TOD designations.
  • Lenders and mortgage holders who may encounter TOD-designated property with respect to lien priorities and payoff obligations at death.
  • Probate practitioners and county recorders of deeds responsible for implementing and recording TOD designations.

Procedural and Timeline Aspects

  • Status: Referred to the House Judiciary Committee on January 9, 2026; reported as committed and first considered on February 4, 2026; subsequently laid on the table the same day.
  • Committee Action: The Judiciary Committee reported the bill as committed with a vote of 26 yes and 0 no.
  • Next Steps: If not acted upon, the bill could progress to further readings or return to the floor for potential amendments or a full chamber vote. The current status indicates it has not advanced beyond being laid on the table after committee reporting.

Practical Implications and Considerations

  • Potential Benefits:
    • Simplifies transfer of real property at death, potentially reducing probate time and costs.
    • Provides a clear path to pass property to a chosen beneficiary.
  • Potential Considerations:
    • Interaction with existing wills, trusts, and estate plans; lenders’ due diligence on title and liens.
    • Tax implications for the beneficiary and any transfer-related penalties.
    • The need for proper record-keeping and potential state-law alignment with other forms of real property disposition.

Notes

  • Primary sponsor: Rep. Timothy Bonner, with a broad group of co-sponsors from both major parties.
  • The bill aligns with the Uniform Real Property Transfer on Death Act framework, which has been proposed in various jurisdictions to modernize property transfer mechanics while preserving overall estate planning flexibility.

Compiled from official sources — confirm details with the bill’s official record.

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