Losing a loved one is tough, and dealing with the paperwork that comes after can feel like salt in the wound. If you’re a Lancaster County homeowner trying to figure out how to remove a deceased person from your property deed, you’re in the right place. At Capstone Land Transfer, we’ve walked plenty of folks through this process, and we’re here to make it as clear and manageable as possible. Let’s break it down step-by-step so you can move forward with confidence.
Why Remove a Deceased Person from a Deed?
When someone passes away, their name doesn’t automatically vanish from a deed. If they co-owned your property—like a spouse, parent, or sibling—you might need to update the title to reflect that you’re now the sole owner (or to transfer it elsewhere). This is especially important if you plan to sell, refinance, or just want the records to match reality. The process depends on how the property was owned, but don’t worry—we’ll cover the bases.
Step 1: Check How the Property Was Owned
The first thing to figure out is how the deed was titled. In Pennsylvania, there are a few common setups:
- Joint Tenancy with Right of Survivorship: If you and the deceased owned the property this way (common for spouses), their share automatically passes to you when they die. No probate needed—just some paperwork.
- Tenants in Common: If you were co-owners without survivorship rights, their share goes to their estate, and you’ll need to deal with probate or their heirs.
- Sole Ownership with a Will or No Will: If they owned it alone, their estate handles it, but that’s a different ballgame.
Grab a copy of the current deed from the Lancaster County Recorder of Deeds Office. The deed will show the ownership type, which guides your next move.
Step 2: Gather the Death Certificate
No matter the ownership type, you’ll need an official death certificate. Get a certified copy with a raised seal from the Pennsylvania Department of Health’s Vital Records office (or through the funeral home if it’s recent). Lancaster County requires this to prove the co-owner has passed before they’ll update the deed.
Step 3: Handle Joint Tenancy with Right of Survivorship
If you’re the surviving joint tenant, good news—this is the simpler path. Here’s what to do:
- File the Death Certificate: Take the certified death certificate to the Lancaster County Recorder of Deeds Office. They’ll record it to officially note the co-owner’s passing.
- Update the Deed (Optional): Technically, the property is already yours by law, but some folks like to file a new deed (like a “confirmation deed”) to make it crystal clear. This lists you as the sole owner and references the original deed and death certificate.
Pay the Fee: Recording the death certificate or a new deed comes with a fee—usually $75 to $100, depending on the pages. No realty transfer tax applies here since it’s not a sale.
Step 4: Deal with Tenants in Common or Probate
If you were tenants in common, the deceased’s share doesn’t automatically come to you—it goes to their estate. Here’s the rundown:
- Check for a Will: If they had a will naming you as the heir to their share, the executor needs to handle probate through the Lancaster County Register of Wills (same building as the Recorder, 150 N Queen Street).
- No Will?: If they died without a will, Pennsylvania’s intestate laws decide who inherits (e.g., spouse, kids). Probate still applies.
- Transfer the Share: Once probate wraps up, the executor or administrator can sign a deed (often a “personal representative’s deed”) transferring the deceased’s share to you or the rightful heir. File this with the Recorder of Deeds.
This route takes longer and might need a lawyer’s help, especially if the estate’s messy. At Capstone, we have lawyers in office to assist you.
Step 5: Record the Updated Deed
Whether it’s a confirmation deed (for joint tenancy) or a probate-related deed, bring it to the Recorder of Deeds Office. It needs to be:
- Signed and notarized (if it’s a new deed).
- On 8.5” x 11” white paper, typed in 10-point font or larger.
- Accompanied by the property’s tax parcel ID number (find it on your tax bill or the current deed).
Lancaster County is sticklers for clean paperwork, so double-check everything. You might also need a Realty Transfer Tax Statement of Value (Form REV-183) to confirm no tax is due—ask the Recorder’s office to be sure.
Step 6: Notify Other Parties
Once the deed’s updated, let the Lancaster County Assessment Office know so the tax records match. If there’s a mortgage, inform your lender too—they’ll want to know about the ownership change, though it doesn’t affect your loan terms.
A Few Things to Watch For
This process is pretty straightforward, but here are some heads-ups:
- Liens or Debts: If the deceased had creditors, their estate might need to settle up before the property’s fully yours.
- Timing: Don’t rush to sell or refinance until the deed’s squared away—title companies need clean records.
Conclusion
Removing a deceased person from a deed in Lancaster County doesn’t have to be a headache. Whether you’re sorting out a joint tenancy or navigating probate, we’re here to lighten the load. At Capstone Land Transfer, we specialize in making title updates painless.
Contact us today for personalized support.
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