Pennsylvania: Deed Execution and Recording Formalities
The short answer
A Pennsylvania deed is valid between the grantor and grantee once the owner signs and delivers a written deed — no notary and no witnesses are needed to pass title. To record it, the grantor's signature must be acknowledged before a notary (or the deed proved by a subscribing witness); no witnesses are required if the grantor personally acknowledges. Recording is optional in Pennsylvania, but it matters: this is a race-notice state, so an unrecorded deed is void against a later good-faith buyer for value who takes without notice and records first. A non-owner spouse generally does not have to sign, because Pennsylvania replaced common-law dower and curtesy with a post-death statutory share — but property held by both spouses as tenants by the entireties needs both signatures.
Ask Ezel about your situation
This is the general rule in Pennsylvania. Ezel applies current Pennsylvania law to your specific facts and answers with citations to the statutes.
| Governing law and deed scope | Pennsylvania's deed and recording rules are mostly unconsolidated statutes in Title 21 P.S. (Deeds and Mortgages): the race-notice recording act at 21 P.S. § 351 and the older acknowledgment/proof provisions (e.g., 21 P.S. § 444, the 1775 Enrollment Act). The Statute of Frauds (33 P.S. § 1) supplies the signed-writing rule, marital rights sit in Title 20 (20 Pa.C.S. § 2105), and powers of attorney in 20 Pa.C.S. ch. 56. A common-law title state using race-notice recording, with deeds filed at the county Recorder of Deeds. Scope here is an ordinary deed by an individual owner conveying a present fee simple; mortgages, tax, sheriff, and fiduciary deeds follow separate rules |
|---|---|
| Writing and grantor signature | Writing and the grantor's signature. A conveyance of an interest in land must be in a signed writing (Statute of Frauds, 33 P.S. § 1). Section 351 speaks of 'instruments of writing wherein it shall be the intention of the parties executing the same to grant, bargain, sell, and convey any lands' (21 P.S. § 351), and § 444 requires a deed to be 'made and executed' and 'acknowledged by the grantor' (21 P.S. § 444) — so the owner (or an agent authorized in writing) signs. There is no statutory deed form and no seal requirement; the words 'release and quitclaim' pass the grantor's interest without warranty. Delivery of the signed deed is required for it to take effect, but that is a common-law rule, not one of these statutes |
| Witnesses | None for validity, and none in practice. Pennsylvania records a deed on the grantor's own acknowledgment before a notary; witnesses are only an alternative route to proof. Section 351 requires the deed to be 'acknowledged by the parties executing the same or proved in the manner provided by the laws of this Commonwealth' (21 P.S. § 351), and § 444 spells out that a deed is 'acknowledged by the grantor ... or proved by one or more of the subscribing witnesses thereto' before an authorized officer (21 P.S. § 444). So subscribing-witness proof matters only when the grantor does not personally acknowledge — which is rare. No witness is ever needed to make the deed valid between the parties |
| Acknowledgment or notarization | A recording requirement, not a validity requirement. A signed, delivered deed already passes title between grantor and grantee; acknowledgment is what makes the deed recordable. Section 351 lets a deed be recorded 'upon being acknowledged by the parties executing the same or proved' as provided by law (21 P.S. § 351), and § 444 identifies the officers who may take the acknowledgment — a notary public, judge, recorder of deeds, prothonotary, clerk of a court of record, or justice of the peace (21 P.S. § 444). Skipping acknowledgment does not void the deed between the parties; it leaves the deed unrecordable and exposed to a later good-faith purchaser under § 351 |
| Spouse, homestead, and marital joinder | Generally none for individually-owned property. Pennsylvania is not a community-property state and has no homestead-joinder rule, and it replaced common-law dower and curtesy with a statutory share: a widow's or surviving husband's share under Title 20 is 'in lieu and full satisfaction of' dower or curtesy at common law (20 Pa.C.S. § 2105). Because there is no inchoate dower/curtesy attaching during life, a spouse who is not on the title need not sign the deed. A surviving spouse is protected instead by a post-death elective share against the estate. The exception is co-ownership: property the couple holds together as tenants by the entireties can be conveyed only if both spouses sign, because each is an owner |
| Signing through an agent or representative | An agent may sign the deed under a written power of attorney. Pennsylvania sets real formalities for the power itself: it 'shall be dated, and it shall be signed by the principal,' and (for powers executed on or after the 2014/2016 amendments) the principal's signature must be 'Acknowledged before a notary public' and 'Witnessed by two individuals, each of whom is 18 years of age or older' who are not the agent or the notary (20 Pa.C.S. § 5601(b)). A power of attorney used for real estate is acknowledged and recorded: an executed power, 'if it is acknowledged, ... may be recorded in the office for the recording of deeds of the county of the principal's residence and of each county in which real property to be affected by an exercise of the power is located' (20 Pa.C.S. § 5602(c)) |
| Recording office and statewide content | File the deed with the Recorder of Deeds of the county where the land lies — § 351 directs recording 'in the office for the recording of deeds in the county where such lands, tenements, and hereditaments are situate' (21 P.S. § 351). The one statewide statutory gate to recording is a valid acknowledgment or proof (§§ 351, 444). Beyond that, county recorders and the transfer-tax rules commonly require a completed Realty Transfer Tax Statement of Value (Form REV-183) when the full consideration is not stated or an exemption is claimed, a certificate of the grantee's residence/return address, and, in counties that have adopted it, a Uniform Parcel Identifier — plus page-formatting and fees the recorder sets. Confirm these with the county Recorder of Deeds |
| Nonrecording effect and defect cures | Race-notice. Recording is optional in Pennsylvania — an unrecorded deed is still valid between the grantor and grantee — but a deed 'which shall not be acknowledged or proved and recorded ... shall be adjudged fraudulent and void as to any subsequent bona fide purchaser or mortgagee or holder of any judgment ... without actual or constructive notice unless such deed ... shall be recorded ... before the recording of the deed ... under which such subsequent purchaser, mortgagee, or judgment creditor shall claim' (21 P.S. § 351). So a later buyer wins only by both taking without notice and recording first; a buyer with notice, or who records second, loses. Section 351 supplies no self-executing cure for a defective acknowledgment, and recording never cures forgery, fraud, incapacity, or a grantor's lack of title — the fix for a defect is a corrected, re-recorded deed |
Compare this rule across all 50 states + DC →
Requirements one by one
Governing law and scope
Pennsylvania keeps most of its deed and recording law in an old, unconsolidated corner of
the statute books: Title 21 P.S. (Deeds and Mortgages). The modern recording act is
21 P.S. § 351, and the acknowledgment machinery traces to the 1775 Enrollment Act,
21 P.S. § 444. The signed-writing rule is the Statute of Frauds, 33 P.S. § 1. Two related
pieces live in the consolidated statutes: marital rights in Title 20 (20 Pa.C.S. § 2105) and
powers of attorney in Title 20, Chapter 56. Pennsylvania is a common-law title state that
records on a race-notice rule, and deeds are filed with the county Recorder of Deeds. This
page covers an ordinary deed by an individual owner transferring a present fee simple;
mortgages, tax-sale, sheriff, and fiduciary deeds run on separate rules.
Writing and grantor signature
A conveyance of an interest in land has to be a signed writing — that is the core of the
Statute of Frauds (33 P.S. § 1). The recording act reflects the same expectation, referring
to "instruments of writing wherein it shall be the intention of the parties executing the
same to grant, bargain, sell, and convey any lands" (21 P.S. § 351), and § 444 requires a
deed to be "made and executed" and "acknowledged by the grantor." So the owner — or an agent
authorized in writing — signs the deed. Pennsylvania prescribes no fill-in-the-blank deed
form and requires no seal; the operative words "release and quitclaim" pass whatever interest
the grantor has, with no warranty. One point of Pennsylvania law that is not in these
statutes: a deed must also be delivered to take effect, but delivery is a common-law
requirement, not a statutory formality.
Witnesses
Pennsylvania deeds are not witnessed in practice, because they are acknowledged before a
notary instead. Section 351 lets a deed be recorded once it is "acknowledged by the parties
executing the same or proved in the manner provided by the laws of this Commonwealth," and
§ 444 explains that "proof" means the deed is "proved by one or more of the subscribing
witnesses thereto" before an authorized officer. In other words, a subscribing witness only
comes into play as a substitute when the grantor does not personally acknowledge the deed —
an unusual situation. No witness is ever required to make a Pennsylvania deed valid between
the grantor and grantee.
Acknowledgment or notarization
Acknowledgment is about getting the deed recorded, not about whether it passes title. A
signed, delivered deed already conveys the property between the parties; the acknowledgment
is what makes it recordable. Section 351 allows recording "upon being acknowledged by the
parties executing the same or proved" as the law provides, and § 444 lists the officers who
may take that acknowledgment — a notary public, a judge, the recorder of deeds, a
prothonotary, a clerk of a court of record, or a justice of the peace. Leaving the deed
unacknowledged does not void it between the parties; it simply cannot be recorded, which
exposes the grantee to a later good-faith purchaser under § 351.
Spouse, homestead, and marital joinder
For property titled in one spouse's name alone, the other spouse generally does not sign.
Pennsylvania is not a community-property state, has no homestead-joinder rule, and long ago
replaced the old common-law interests of dower and curtesy with a statutory share: a
surviving spouse's share under Title 20 stands "in lieu and full satisfaction of" dower or
curtesy at common law (20 Pa.C.S. § 2105). Because no inchoate dower or curtesy attaches
during the marriage, there is nothing a non-owner spouse needs to release on a lifetime deed.
The surviving spouse's protection is the post-death elective share against the estate. The
real exception is co-ownership: a home the spouses hold together as tenants by the entireties
can be conveyed only if both sign, because each of them is an owner of the whole.
Signing through an agent or representative
An agent can sign the deed under a written power of attorney, and Pennsylvania puts real
formalities on the power itself. It "shall be dated, and it shall be signed by the principal,"
and — for powers executed under the current rules — the principal's signature must be
"Acknowledged before a notary public" and "Witnessed by two individuals, each of whom is 18
years of age or older," neither of whom may be the agent or the notary (20 Pa.C.S.
§ 5601(b)). When the power is used for real estate, it is acknowledged and recorded: an
executed power, "if it is acknowledged, ... may be recorded in the office for the recording
of deeds of the county of the principal's residence and of each county in which real property
to be affected by an exercise of the power is located" (20 Pa.C.S. § 5602(c)). So the agent
signs the deed under the power, and the acknowledged power is recorded so the agent's
authority shows in the land records.
Recording office and statewide content
File the deed with the Recorder of Deeds of the county where the land is located; § 351
directs recording "in the office for the recording of deeds in the county where such lands,
tenements, and hereditaments are situate." The one statewide statutory condition for
recording is a valid acknowledgment or proof (§§ 351, 444). Around that, county recorders and
the transfer-tax rules add practical requirements: a completed Realty Transfer Tax Statement
of Value (Form REV-183) when the deed does not state the full consideration or claims an
exemption, a certificate of the grantee's residence and return address, and — in counties
that have adopted it — a Uniform Parcel Identifier, plus the page-format rules and fees each
recorder sets. Confirm the current checklist with the county Recorder of Deeds before filing.
Nonrecording effect and defect cures
Recording in Pennsylvania is optional, and an unrecorded deed is fully valid between the
grantor and grantee. What recording buys is priority. Under the race-notice rule of § 351, a
deed "which shall not be acknowledged or proved and recorded ... shall be adjudged fraudulent
and void as to any subsequent bona fide purchaser or mortgagee or holder of any judgment ...
without actual or constructive notice unless such deed ... shall be recorded ... before the
recording of the deed ... under which such subsequent purchaser ... shall claim." Two things
must both be true for a later buyer to beat your unrecorded deed: that buyer took without
notice of it and recorded first. A buyer who knew about your deed, or who recorded after you,
loses. Section 351 provides no self-executing cure for a defective acknowledgment, and
recording never cures a forged or fraudulent deed, a grantor who lacked capacity, or a
grantor who did not own the land — the remedy for a defect is a corrected, re-recorded deed.
What trips people up
- Thinking a deed is void if you record late. Pennsylvania's older 1775 act spoke of
recording "within ninety days," but § 351 (1925, amended 1931) replaced that rule.
Recording late does not void your deed; it only risks losing priority to a good-faith buyer
who records in the gap (21 P.S. § 351). - Assuming a spouse must sign. Because dower and curtesy were replaced by a statutory
share (20 Pa.C.S. § 2105), a spouse who is not on the title of individually-owned property
generally does not sign the deed. But if the couple holds the property as tenants by the
entireties, both must sign. - Skipping the notarization and trying to record. The grantor's acknowledgment (or, rarely,
subscribing-witness proof) is what makes the deed recordable (§§ 351, 444). An unacknowledged
deed still passes title between the parties but cannot be recorded. - Forgetting the Statement of Value. Where the deed does not recite the full consideration
or claims a transfer-tax exemption, the recorder will expect a completed REV-183 Statement
of Value with the deed. - Recording the deed but not the power of attorney. If an agent signed under a power of
attorney, record the acknowledged power in the same county so the chain of title shows the
agent's authority (20 Pa.C.S. § 5602(c)).
Common questions
Does an unrecorded Pennsylvania deed still transfer the property?
Yes. Recording is optional, and the deed is valid between you and your grantee even if it is
never recorded. What you lose is priority: a later good-faith buyer who pays value, takes
without notice, and records first can defeat your unrecorded deed (21 P.S. § 351).
Do I need witnesses to sign a Pennsylvania deed?
No. You get the deed acknowledged before a notary and use no witnesses. Proof by a subscribing
witness is only a fallback for a deed the grantor did not personally acknowledge (21 P.S.
§ 444), and it is not needed for the deed to be valid.
My spouse isn't on the title — do they have to sign?
Generally no, for property owned in one spouse's name alone, because Pennsylvania replaced
dower and curtesy with a post-death statutory share (20 Pa.C.S. § 2105). The exception is
property the two of you own together as tenants by the entireties, which needs both
signatures.
Can someone sign the deed for me under a power of attorney?
Yes. The power of attorney must be dated, signed, acknowledged before a notary, and witnessed
by two adults who are not the agent or notary (20 Pa.C.S. § 5601(b)), and it is recorded in
the county where the property lies (20 Pa.C.S. § 5602(c)).
Statutes and sources
- 21 P.S. § 351 — race-notice recording act; unrecorded deed void as to a later bona fide
purchaser without notice who records first (quoted verbatim by the Pennsylvania Supreme
Court in Merscorp, Inc. v. Delaware Cnty., 207 A.3d 855, 859 (Pa. 2019)).
https://www.courtlistener.com/opinion/6487877/ (accessed 2026-07-15) - 21 P.S. § 444 — deed acknowledged by the grantor or proved by a subscribing witness
before an authorized officer (quoted verbatim in a federal court opinion).
https://www.govinfo.gov/content/pkg/USCOURTS-pamb-5_15-ap-00023/pdf/USCOURTS-pamb-5_15-ap-00023-0.pdf (accessed 2026-07-15) - 20 Pa.C.S. § 2105 — statutory share in lieu and full satisfaction of dower and curtesy.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM (accessed 2026-07-15) - 20 Pa.C.S. § 5601(b) — power of attorney must be dated, signed, acknowledged, and
witnessed by two adults.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.056..HTM (accessed 2026-07-15) - 20 Pa.C.S. § 5602(c) — filing and recording of a power of attorney in the county
recorder of deeds.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.056..HTM (accessed 2026-07-15)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how Pennsylvania handles this in general. Ezel applies current Pennsylvania law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.