When a loved one passes away, sorting out property ownership can feel overwhelming. Whether your deceased spouse, parent, or co-owner’s name is on the deed, removing it in Adams County, Pennsylvania, ensures a clear title for selling, refinancing, or just peace of mind. Here’s a step-by-step guide tailored to Adams County’s process—let’s walk through it together.
Step 1: Determine How the Property Was Owned
Start by checking the current deed to see how the property was titled. Pull a copy from the Adams County Register and Recorder’s Office at 117 Baltimore Street, Gettysburg, or online at adamscounty.us. Look for these ownership types:
- Sole Ownership: The deceased was the only owner.
- Tenants by the Entirety: For married couples—ownership passes to the surviving spouse automatically.
- Joint Tenants with Right of Survivorship: Ownership shifts to the surviving co-owner(s).
- Tenants in Common: Each owner has a share, and the deceased’s portion goes to their estate.
This determines your next steps. If you’re unsure, we at Capstone Land Transfer can help you decode it.
Step 2: Gather Key Documents
What you need depends on the ownership type:
- Death Certificate: Get a certified copy from the Pennsylvania Department of Health’s Vital Records (call 844-228-3516 or visit health.pa.gov).
- For Sole Ownership or Tenants in Common: You’ll need probate documents (e.g., Letters Testamentary or Administration from the Adams County Register of Wills).
- For Tenants by the Entirety or Joint Tenancy with Survivorship: Just the death certificate may suffice, but an affidavit can clarify the title.
Have these ready before moving forward.
Step 3: Handle Probate (If Needed)
If the deceased was the sole owner or held the property as tenants in common, their share passes through their estate:
- Visit the Adams County Register of Wills (same building, 117 Baltimore Street) to open probate.
- If there’s a will, the executor files it; if not, an administrator is appointed.
- The estate settles debts, then transfers the property via a new deed (e.g., an Executor’s Deed) to the heir(s).
- Prep the new deed with the legal description from the old deed and a Certificate of Residence (your address, signed).
No probate? Skip to Step 4 if survivorship applies.
Step 4: Use an Affidavit or New Deed
Here’s how to proceed based on ownership:
- Tenants by the Entirety or Joint Tenancy with Survivorship:
- Pennsylvania law automatically transfers ownership to the survivor—no new deed is required right away. However, to update the public record, file an Affidavit of Surviving Spouse/Joint Tenant:
- State your name, the deceased’s name, your relationship, and that ownership passed to you.
- Attach the certified death certificate.
- Notarize it (banks, UPS stores, or our office can help).
- Alternatively, wait until you sell or transfer the property—provide the death certificate then.
- Pennsylvania law automatically transfers ownership to the survivor—no new deed is required right away. However, to update the public record, file an Affidavit of Surviving Spouse/Joint Tenant:
- Sole Ownership or Tenants in Common (Post-Probate):
- Prepare a new deed (e.g., Quitclaim or Executor’s Deed) naming the new owner(s).
- Include the legal description and Certificate of Residence.
- The executor/administrator signs and notarizes it.
We can draft these for you to meet Adams County standards.
Step 5: Complete the Statement of Value
For any deed or affidavit recording, Adams County requires a Pennsylvania Statement of Value form (from adamscounty.us or revenue.pa.gov):
- Exemptions: Transfers due to death (e.g., survivorship or estate distribution) are typically exempt from the 2% realty transfer tax. Mark “transfer between spouses” (for entirety) or “estate transfer” and attach the death certificate or probate docs.
- We’ll double-check your exemption to avoid surprises.
Step 6: Record the Documents
Head to the Adams County Register and Recorder’s Office:
- Where: 117 Baltimore Street, Gettysburg, PA 17325.
- When: Monday–Friday, 8:00 a.m.–4:30 p.m.
- What to Bring: Notarized affidavit or new deed, Statement of Value, and death certificate/probate docs.
- Fees: $75.00 for up to 4 pages and 4 names; $4.00 per extra page, $1.00 per extra name. Add $2.00 for a certified copy (optional).
- Payment: Cash or check only, payable to “Adams County Recorder of Deeds.” No credit cards or e-recording here.
- Mail Option: Include a self-addressed, stamped envelope; expect a two-week return.
Once recorded, the deceased’s name is officially off the deed.
Step 7: Update Related Records
After recording:
- Get a certified copy of the updated deed ($2.00) to confirm it’s correct.
- Notify your homeowner’s insurance and Adams County Tax Assessment Office (717-337-9837) to update their records.
Mortgage Note: This process only affects the deed, not the loan. If the mortgage remains, consult your lender about options like refinancing.
Why It Matters—and How We Can Help
Clearing the deed protects your ownership and simplifies future transactions. Whether you need an affidavit, a new deed, or just someone to handle the filing, Capstone Land Transfer is here to guide Adams County residents every step of the way.
Contact us today for personalized support!
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