Over time, many people can own the same piece of property. The various transfers of ownership are documented through deeds. The deeds are filed with the county real estate department, and during a title search, the most recent deed transfer is examined. The grantee on the last deed recorded is considered the title holder. In Pennsylvania, the owner has the ability to add another person to the title of the property through a deed.
Tips
If you are planning on adding a name to your house deed, you will need to have a new deed prepared that is signed under the supervision of a certified notary public.
The Basics of Quitclaim Deeds
To add a name to a house deed in Pennsylvania, a new deed is prepared. The owner can prepare his own deed or contact an attorney or document service to provide one. Using an attorney is the best route because the attorney ensures that the deed is prepared per the requirements of the state. In Pennsylvania, deeds must contain the legal names of the grantors and grantees and a complete legal description of the property. Often, a quit claim deed is used to add another name. Quit claim deeds function to convey property ownership from one party to another. However, they offer no guarantee to the grantee that the grantor holds a free and clear title to the property.
Initiating a Title Search
Before the deed is prepared, a title search should be conducted to check the last deed filed on record. A title abstractor preforms this task. Additionally, the owner is able to complete the research himself at the county recorder of deed's office, generally at the courthouse. Make sure the current owners listed by the county are correct. Check the spelling of the names as well.
Undertaking Deed Signing
After the preliminary precautions are verified, the deed is ready for signing. In Pennsylvania, the grantors need to sign the deed in the presence of a certified notary public. The notary then acknowledges the signature and stamps the deed with his seal. Some deeds contain a clause concerning bituminous coal deposits under the land in question. If the deed contains this clause, the grantee needs to sign in the appropriate area.
Other Important Considerations
After the deed is signed, it is submitted for recording to the county recorder of deeds. A recording fee is charged at this time, and these fees vary by county in Pennsylvania. Also, some transfers may be subject to real property transfer tax. The recorder of deeds will determine this at the time of recording. However, there is often no exchange of money when a name is added as an owner. The recorder may also require the realty transfer tax form to be completed at the time of recording.
References
- Real Estate Lawyers: Pennsylvania Property Deeds
- LegalZoom: How to Add a Husband's Name to the Deed or Leave the House to Him in a Will
- Superior Court of California, County of Alameda. "What Are the Advantages of a Living Trust?" Accessed May 15, 2020.
- AARP. "Transfer on Death Deed (TODD)," Page 1. Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - What Does the Transfer on Death (TOD) Deed Do?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - Do I Have to File the TOD Deed in Court?" Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed - How Do I Revoke the TOD Deed After It Is Recorded?" Accessed May 15, 2020.
- Internal Revenue Service. "Estate and Gift Taxes." Accessed May 15, 2020.
- FindLaw. "Transfer on Death Tax Implications." Accessed May 15, 2020.
- Alaska Court System. "Transfer on Death Deed." Accessed May 15, 2020.
- Arizona State Legislature. "33-405. Beneficiary Deeds; Recording; Definitions." Accessed May 15, 2020.
- FindLaw. "Arkansas Code Title 18. Property § 18-12-608. Beneficiary Deeds--Terms--Recording Required." Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 1. Accessed May 15, 2020.
- Colorado General Assembly. "Probate, Trusts, and Fiduciaries," Pages 1-2. Accessed May 15, 2020.
- District of Colombia, Office of Tax and Revenue. "Revocable Transfer-on-Death Deed," Pages 1-3. Accessed May 15, 2020.
- Hawaii State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- Illinois General Assembly. "(755 ILCS 27/) Illinois Residential Real Property Transfer on Death Instrument Act." Accessed May 15, 2020.
- FindLaw. "Indiana Code Title 32. Property § 32-17-14-11." Accessed May 15, 2020.
- Kansas Legislative Sessions. "Article 35 - Transfer-on-Death." Accessed May 15, 2020.
- Minnesota Legislature, Office of the Revisor of Statutes. "507.071 Transfer on Death Deeds." Accessed May 15, 2020.
- Missouri Revisor of Statutes. "461.025. Deeds Effective on Death of Owner — Recording, Effect." Accessed May 15, 2020.
- Montana Code Annotated 2019. "72-6-415. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Nebraska Legislature. "Nebraska Revised Statute 76-3402." Accessed May 15, 2020.
- Nevada Legislature. "NRS 111.771 Property Held in Beneficiary Form; Registration in Beneficiary Form; Transfer-on-Death Directions." Accessed May 15, 2020.
- State Bar of New Mexico. "Transfer on Death Deed," Pages 1-2. Accessed May 15, 2020.
- North Dakota Legislative Branch. "Chapter 30.1-32.1 Uniform Real Property Transfer on Death Act," Pages 1-3. Accessed May 15, 2020.
- Ohio Laws and Rules. "5302.23 Designating Transfer on Death Beneficiary." Accessed May 15, 2020.
- Oklahoma Tax Commission. "'Non-Testamentary Transfer–on-Death-Deed’. Title 58, §1251-§1258. Eff. Nov. 1, 2008," Pages 1-7. Accessed May 15, 2020.
- Oregon State Legislature. "Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- South Dakota Legislature. "Part 4. Uniform Real Property Transfer on Death Act - 29A-6-403." Accessed May 15, 2020.
- Texas Constitution and Statutes. "Texas Real Property Transfer on Death Act." Accessed May 15, 2020.
- Virginia General Assembly. "§ 64.2-635. Optional Form of Transfer on Death Deed." Accessed May 15, 2020.
- Washington State Legislature. "Chapter 64.80 RCW Uniform Real Property Transfer on Death Act." Accessed May 15, 2020.
- West Virginia Legislature. "Chapter 36. Estates and Property." Accessed May 15, 2020.
- Wisconsin State Legislature. "705.15 Nonprobate Transfer of Real Property on Death." Accessed May 15, 2020.
- State of Wyoming Legislature. "HB0201 - Transfer on Death Deed." Accessed May 15, 2020.
- Gibbs Law Office. "Using a Lady Bird Deed in Florida [Overview, Pros and Cons]." Accessed May 15, 2020.
- State Bar of Michigan. "Ladybird Deed," Pages 31-32. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 3. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 5. Accessed May 15, 2020.
- Sacramento County Public Law Library & Civil Self Help Center. "Transfer on Death (TOD) Deeds," Page 4. Accessed May 15, 2020.