Short answer
You usually start with the Register of Wills, not the Recorder of Deeds. The executor or administrator gets letters, then signs a deed to an heir or to a buyer. Pennsylvania exempts property passed by will or intestacy from state transfer tax, but Philadelphia has conditions and documentation rules.
Start with letters
Pennsylvania's estate code gives the personal representative the right to take possession of the decedent's real estate and administer it. To act, you need letters from the Register of Wills. In Philadelphia that means City Hall, Room 180, with an original death certificate, an estimate of the estate's value and a valid ID, plus the original will if there is one. People often think the deed transfers automatically at death. It does not. A death changes who has the right to the property, but the public record only changes when someone with authority signs a new deed and it is recorded. If you plan to keep the house, get that done so the record matches reality. If you plan to sell, the estate's deed to the buyer does the job and no intermediate deed is needed.
Signing the deed
After letters, the personal representative can sign a deed out of the estate. The deed can go to an heir to carry out the will or to a buyer in a sale. A real estate attorney or title company usually prepares it so the language is right. The deed is recorded with the county's Recorder of Deeds. In Philadelphia that is the Department of Records.
Transfer tax on the deed
The Pennsylvania Department of Revenue says property passed by testate or intestate succession is exempt from realty transfer tax, as are certain transfers among family members. The City of Philadelphia says family transfers are generally exempt with documentation, and that transfer tax is due if mortgages, liens or debts on the property are not paid at closing. The Department of Revenue also notes inheritance tax is separate and has its own rates.
The order of steps
Take the steps in order. First, get certified copies of the death certificate. Second, open the estate at the Register of Wills and get letters. Third, meet with an estate attorney about taxes and the deed. Fourth, get a title search and a payoff for any mortgage. Fifth, have the deed prepared with the right capacity for the signer. Sixth, confirm any transfer tax exemption and gather the documentation. Seventh, sign and record the deed with the Recorder of Deeds. Skipping the second step is a common error, since a deed signed without letters can be rejected by the title company. Keep copies of each recorded document. The recorded deed, the letters and the tax paperwork make up the file you will need if anyone asks questions later.
If you plan to sell instead
You do not have to deed the house to yourself before selling. The estate can sell directly. Kaizen Home Buyers buys houses as-is for cash. We make an offer within 24 hours, with no repairs and no agent commission, and can close in 14 to 30 days or on your date. Call 267-329-0084. Ask an attorney which route costs less in taxes and fees for your family.