Philadelphia Living Trust: Register of Wills and Deed Recording

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published October 1, 2026. Last reviewed October 1, 2026.

Which county this page covers

This page covers Philadelphia County, whose Register of Wills and Department of Records are the offices described below. Under 20 Pa.C.S. 3151, letters on the estate of a person domiciled in Pennsylvania "shall be granted only by the register of the county where the decedent had his last family or principal residence", and the Register of Wills' own probate page requires that the decedent have "Been a Philadelphia resident at the time of their death", or have "held real property in Philadelphia without holding personal property in any other state". The Department of Records says a document it records "must be for a Philadelphia property". A Philadelphia mailing address that lies in another county is served by that county's register of wills and recorder of deeds.

The Register of Wills and Clerk of the Orphans' Court

The office's home page says "The Register of Wills is an elected position. Our office serves as both the Register of Wills and the Clerk of the Orphans' Court." Among the things it lists doing: "Probate wills, which proves that they're valid", "Issue letters of administration when a Philadelphia resident dies without a will", "Keep records of wills, estate inventories, and related documents", "Act as an agent for filing and paying inheritance taxes" and "Maintain the dockets and records of the Orphan's Court". It adds: "We can walk you through the probate process, but we cannot provide legal advice."

That division of labor follows the statute. Under 20 Pa.C.S. 901, "the register shall have jurisdiction of the probate of wills, the grant of letters to a personal representative, and any other matter as provided by law", and under 20 Pa.C.S. 711 the jurisdiction of the court of common pleas over "the administration and distribution of the real and personal property of decedents' estates" is exercised through its orphans' court division, "except that the register shall continue to grant letters testamentary and of administration to personal representatives as heretofore". Section 711 also refers to "Special provisions for Philadelphia County" in section 713.

Starting probate with a will

The city's "Begin the probate process (with a will)" page says that when a person "leaves a will with assets in their name only, the will must go through a probate process", and that the named executor visits the Probate Department, Room 180, Monday through Friday, 8 a.m. to 4 p.m. except holidays. You bring "The original will", "An original death certificate", "An estimate of the estate's value" and a valid, current form of identification, and you "Complete the petition for probate and grant of letters testamentary at your appointment". Probate fees can be paid by Visa, Mastercard, a certified check or a money order. A short certificate, the document banks and title companies ask an executor for, can be ordered as part of the process and costs $10.00 each on the fee schedule.

Probate fees on the Register's schedule

The fee schedule (the schedule file released August 4, 2026, probate fees "effective as of September 26th, 2022") sets a base fee, a 20 percent tax, a family court filing fee and a $176.25 filing fee for each value band. The totals it prints include:

The same schedule lists $22.00 to record a will, $75.00 for a petition, $125.00 for virtual probate, $15.00 for each renunciation and $2.00 per page for copies.

Small estates

Under 20 Pa.C.S. 3102, when a person dies domiciled in Pennsylvania "owning property (exclusive of real estate and of property payable under section 3101 ...) of a gross value not exceeding $50,000", the orphans' court division of the county of domicile may, on petition, "direct distribution of the property ... to the parties entitled thereto", "whether or not letters have been issued or a will probated". The section's history ends with Act 35 of 2013, and the General Assembly's list of 2026 acts, opened the same day, shows no act amending Title 20. The Register's fee schedule prices a petition at $75.00. The Pennsylvania small estates guide covers the petition in more detail.

Recording a deed with the Department of Records

Deeds are not filed with the Register of Wills. The Department of Records "Records real estate documents in Philadelphia", and its Commissioner "serves as the Recorder of Deeds for Philadelphia". Its Record a deed page says "The most commonly recorded documents by individuals are deeds", that individuals "can record a document by mail or in person", and that it recommends you "do not prepare a deed on your own".

The recording requirements on the Record a deed page include: white 8.5 by 11 inch paper, 10-point type in black ink, one side only; a 3 inch top margin on the first page with the "Prepared by" and "Return to" name, address and phone on the left; a date; the parties' names in the grantor and grantee captions; "a metes-and-bounds description and the street address of the property"; a notary acknowledgement showing state, county, date, the persons appearing, the notary's signature and expiration date; names in the caption, the signatures and the acknowledgement that match; and "a signed certified grantee/mortgagee address". Then: "Deeds must be accompanied by all applicable realty transfer taxes (unless exempt) and completed Philadelphia Real Estate Transfer Tax Certificate" and the Pennsylvania Realty Transfer Tax Statement of Value, and "You must fill out the City certificate in duplicate."

Payment: cash, money order, debit or credit card (Visa, Mastercard, Discover and American Express, with a 3.5 percent convenience fee), or a business or certified check; "We don't accept personal checks." Fees and taxes go on separate checks: the state tax check payable to "Commonwealth of Pennsylvania", the city tax and recording fee checks payable to the "City of Philadelphia". A surviving spouse of the person named on the deed can have part of the recording fee waived.

On tax, the city's Realty Transfer Tax page says the tax "applies to the sale or transfer of real estate located in Philadelphia", becomes payable "when a property deed (or other document showing realty ownership) is filed with the Records Department", and is "3.578% (City) + 1% (Commonwealth) = 4.578% (total)". It says "Most real estate transfers between family members are exempt", naming spouses, direct ascendants and descendants and siblings, and that "All family exemptions require documentation". The page does not address a transfer to the trustee of the owner's own living trust; the Department of Revenue's Statement of Value is where an exemption is claimed, and whether one applies to a particular trust deed is a question for the Department or an attorney.

What a living trust changes for a Philadelphia homeowner

The Register of Wills handles "assets in their name only". A home deeded during the owner's life to the trustee of a revocable living trust is no longer titled in the owner's name alone, so at death it passes under the trust instrument rather than through the petition for letters, the probate fee by estate value and the Orphans' Court. Under 20 Pa.C.S. 711(3), the orphans' court division keeps jurisdiction over inter vivos trusts if a dispute ever needs a court, but routine administration by the successor trustee does not start there. The trade is one recorded deed, with the Department of Records' $278.75 fee and the transfer tax paperwork above, while the owner is alive. The Pennsylvania probate process guide covers what happens to property left outside the trust.