A deed is the document that transfers ownership of land. It has to be drafted correctly, signed and notarized correctly, and recorded in the right county, or the transfer can fail, create a title problem that surfaces years later, or trigger tax that could have been avoided. Kevin Burke Law prepares and records deeds of every kind for people in Northwestern Pennsylvania, and handles the other paperwork that goes with owning, transferring and buying real estate.

What a valid Pennsylvania deed needs

• The names of the current owner (the grantor) and the new owner (the grantee)
• A legal description of the property, usually copied from the prior deed, along with the county parcel number
• The consideration (the price, or a nominal amount for a gift)
• The type of ownership the new owners will hold, if there is more than one
• The grantor’s signature, acknowledged before a notary public
• Recording with the Recorder of Deeds in the county where the land is located, along with the transfer tax or a statement of value claiming an exemption

Recording is what protects the new owner. An unrecorded deed can be defeated by a later buyer or lender who records first without knowing about it.

Kinds of deeds

• General warranty deed. The seller guarantees good title against all claims, even ones that arose before the seller owned the property.
• Special warranty deed. The seller guarantees only against claims that arose while the seller owned the property. This is the most common deed in Pennsylvania sales.
• Quitclaim deed. The grantor transfers whatever interest they have, with no guarantee at all. Used between family members, to clear a cloud on a title, or in divorce.
• Executor’s or administrator’s deed. Transfers property out of an estate to the heirs or to a buyer.
• Life estate deed. The owner transfers the property but keeps the right to live there for life; at death the property passes to the remainder owner without probate.
• Corrective deed. Fixes an error in a recorded deed, such as a wrong name or description.
• Easements and rights of way. Deeds that grant a neighbor or a utility the right to cross or use part of a property.

How co-owners hold title

The words in the deed decide what happens when one owner dies.

• Tenancy by the entireties is for married couples. Each spouse owns the whole, the survivor owns it automatically, and the creditors of one spouse alone cannot reach it.
• Joint tenants with right of survivorship. When one owner dies, the survivor takes the whole property without probate. In Pennsylvania the deed must say so expressly; survivorship is not assumed.
• Tenants in common each own a share that passes under their own will or by intestacy, not to the other owner. This is the default when the deed says nothing and the owners are not married.

Realty transfer tax

Pennsylvania charges a realty transfer tax of 1 percent of the value of the property, and the municipality and school district together usually add another 1 percent, for a total of 2 percent in Crawford County and most of our area. The buyer and the seller are both legally responsible for it, and it is customarily split. The tax is paid when the deed is recorded.

Many transfers are exempt, including:

• Transfers between spouses, and between former spouses dividing property acquired during the marriage
• Transfers between parents and children, grandparents and grandchildren, and other direct ancestors and descendants, and to or from their spouses
• Transfers between brothers and sisters
• Transfers from an estate to the heirs under a will or by intestacy
• Transfers to and from a living trust for the family
• Transfers at a sheriff’s sale or tax sale, and certain others

An exempt transfer still has to be recorded with a statement of value explaining the exemption. If a family member who received an exempt transfer sells the property within one year, the tax that was avoided can come due.

Adding a child or giving property away: think first

Parents often ask to add a child to a deed or to sign the house over “to avoid problems later.” Sometimes that is right, but it has consequences:

• Inheritance tax. Pennsylvania taxes transfers to children at 4.5 percent at death, and a gift made within one year before death is still taxed, apart from the first $3,000 to each person.
• Medical Assistance. A gift of a home within five years before applying for nursing home Medical Assistance can delay eligibility.
• Capital gains. A child who receives property as a gift takes the parent’s original cost basis and may owe capital gains tax on a later sale, while a child who inherits the same property gets a new basis at the date-of-death value.
• Control and creditors. Once a child is on the deed, the child’s consent is needed to sell or mortgage, and the child’s creditors, divorce or bankruptcy can reach the property.

A life estate deed often accomplishes the goal with fewer side effects. We go over the choices before anything is signed.

How our office helps

• We prepare and record deeds of every kind: sales, gifts, transfers between family members, transfers after a marriage, divorce or death, deeds into and out of trusts and estates, life estate deeds, corrective deeds, and easements and rights of way.
• We prepare the statement of value, apply the right transfer tax exemption, and file the deed with the Recorder of Deeds.
• We advise on how to hold title and on the tax and Medical Assistance consequences of a transfer before you sign.

We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.

Common Questions

What do you need from me to prepare a deed?
The current deed (or the parcel number and address so we can pull it), the full legal names and addresses of everyone giving and receiving the property, how the new owners want to hold title, and the reason for the transfer, which decides whether transfer tax is owed.

How long does it take?
A deed can usually be prepared within days once we have the information, signed at our office or wherever is convenient for you, and recorded with the county the same week.

Can I add my spouse or my child to my deed?
Yes, by a new deed from you to yourself and the other person. A transfer to a spouse, child or grandchild is exempt from transfer tax. Before adding a child, read the section above: it can affect inheritance tax, Medical Assistance eligibility, capital gains and your control of the property.

My spouse died. Do I need a new deed?
If you owned the home together as husband and wife, it is already yours by survivorship, and nothing has to be transferred. We can record the death certificate with an affidavit so the county records are clear. If the home was in your spouse’s name alone, it passes through the estate and an executor’s deed is needed.

Does a deed have to be notarized and recorded?
Yes. The grantor’s signature must be acknowledged before a notary for the deed to be recorded, and recording in the county where the land is located is what protects the new owner against anyone who deals with the property later.

Do I have to pay transfer tax when I give property to my children?
No. Transfers between parents and children, grandparents and grandchildren, spouses and siblings are exempt from Pennsylvania realty transfer tax, though a statement of value must be filed with the deed. Inheritance tax and Medical Assistance rules are separate questions.

Is a quitclaim deed enough?
Often, between family members or former spouses, because the new owner already knows the title. A buyer paying full price should insist on a warranty deed and title insurance instead.

Call for a consultation

Call 814-807-0972 or use the contact form. The consultation fee is $50.

This page is general information as of 2026, not legal advice about your situation. County fees and tax rates change; the figures shown are those in effect in 2026.