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Deed Types, Probate, and Selling a House Off Market in Pennsylvania

December 26, 2025

When a property owner passes away, families are often left asking two urgent questions:

In Pennsylvania, the answer to both depends largely on how the property was titled. The good news is that even when probate is required, there are off-market solutions designed specifically for these situations.

Why Deed Type Determines Whether Probate Is Required

A deed does more than list ownership—it defines how ownership transfers at death. Some deed structures allow property to pass automatically. Others require court involvement before a sale can occur.

Below are the most common scenarios in Pennsylvania and what they mean for sellers and heirs.

Common Ownership Types and Probate Outcomes

Tenants by the Entirety (Married Couples)

Probate Required? ❌ No (for the first spouse)

Ownership transfers automatically to the surviving spouse with a death certificate. The surviving spouse can sell without probate.

Joint Tenants with Right of Survivorship

Probate Required? ❌ No

The deceased owner’s share transfers automatically to the remaining owner(s). All surviving owners must agree to sell.

Tenants in Common

Probate Required? ✅ Yes (for the deceased owner’s share)

There is no automatic transfer. The deceased owner’s interest must pass through probate before the property can be sold.

This is a very common issue in inherited Philadelphia properties.

Sole Ownership

Probate Required? ✅ Yes

If the property was owned by one individual, an executor or administrator must be appointed before any sale can legally occur.

Life Estate Deeds

Probate Required? ❌ Usually no

Ownership passes automatically to the remainderman at death, though selling before death requires consent from all parties.

Trust-Owned Property

Probate Required? ❌ No

The trustee can sell the property directly, following the terms of the trust.

The Real-World Problem with Probate Properties

When probate is required, sellers often face:

This is where many families unintentionally give up equity—not because the property is worth less, but because the process feels overwhelming.

How the Cash Buyer Program Solves Probate Challenges

Probate does not mean you must wait indefinitely or sell at a discount.

Our Cash Buyer Program is designed specifically to help heirs and estates sell probate properties off market, with structure and transparency.

How It Works for Probate Properties

Why This Matters for Executors and Heirs

The Cash Buyer Program allows probate sellers to:

Most importantly, it prevents the common mistake of accepting a low offer simply because a property is in probate.

Probate Does Not Mean “Under-Market”

In Philadelphia, probate properties are frequently sold below value due to confusion, urgency, or bad advice.

With the right structure:

Learn More About Selling a Probate Property Off Market

If you’re dealing with an inherited or probate property and want a clear, private path forward, learn how the Cash Buyer Program works:

https://sellyourhomephilly.com/

You’ll find: