New York quitclaim deed
Here is what New York actually requires on a quitclaim deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do. Deedly is not preparing New York deeds at this time.
- Recording office
- County Clerk (NYC: City Register / ACRIS)
- Witnesses
- Notary only
- Transfer tax
- $2 per $500 of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$50 first page
- E-recording
- Approved submitters
What a quitclaim deed does in New York
A quitclaim deed moves your interest in a property to someone else immediately, without guaranteeing that the title is clean. That makes it the wrong tool for a sale to a stranger and the right tool for transfers between people who already trust each other. Spouses, family members, a trust you control, or an LLC you own.
The New York law behind this deed
New York has no section written specifically for quitclaim deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | N.Y. Real Prop. Law art. 8 (Conveyances and Mortgages), including § 258 (statutory short forms of deeds) |
| Recording with the County Clerk (NYC: City Register / ACRIS) | N.Y. Real Prop. Law § 291 |
| Transfer tax | N.Y. Tax Law § 1402 |
When New York homeowners use a quitclaim deed
- Add a spouse to the deed after marriage
- Remove an ex-spouse after a divorce
- Transfer property into a living trust
- Move property into an LLC you own
- Transfer between family members
- Correct a misspelled name or a scrivener's error on a prior deed
- Clear a possible cloud on title
What New York requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What New York says |
|---|---|
| Recording office | County Clerk (NYC: City Register / ACRIS) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Recommended so the original comes back to you. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. |
| Accompanying form | Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report), or in New York City Form TP-584-NYC, Form RP-5217NYC and Form NYC-RPT (NYC Real Property Transfer Tax Return) |
| Also required | The deed must state the residence of every party, including the street and street number (N.Y. Real Prop. Law § 333(1-a), (1-b)). County clerks refuse P.O. boxes. The deed must state the city or town, and the village if any, where the property lies (N.Y. Real Prop. Law § 333(1-d)). |
How to complete and record it in New York
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk (NYC: City Register / ACRIS) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedIt needs the wording, notary certificate, and 3-inch first-page margin used for New York deeds. You can prepare your own deed, or a New York attorney can prepare it for you.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report), or in New York City Form TP-584-NYC, Form RP-5217NYC and Form NYC-RPT (NYC Real Property Transfer Tax Return)New York requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Clerk (NYC: City Register / ACRIS)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in New York
| Cost | Typical amount |
|---|---|
| Recording fee | About $50 for the first page and roughly $5 per additional page |
| Transfer tax | Real estate transfer tax: $2 per $500 of consideration (0.4%), paid by the grantor (Tax Law §§ 1402, 1404); in New York City $3.25 per $500 (0.65%) on residential transfers of $3 million or more and other transfers of $2 million or more; plus a 1% 'mansion tax' paid by the grantee on residential transfers of $1 million or more (§ 1402-a), rising in New York City to a combined 1.25%–3.9% from $2 million (§ 1402-b); New York City adds its own Real Property Transfer Tax of 1%–2.625% |
| Notary | New York caps the notary fee for an acknowledgment at $2 per signer (N.Y. Exec. Law § 136). |
| Attorney | $150–$700 to prepare the deed |
New York charges a real estate transfer tax of $2 per $500 of consideration (0.4%), paid by the grantor (Tax Law §§ 1402, 1404); in New York City $3.25 per $500 (0.65%) on residential transfers of $3 million or more and other transfers of $2 million or more; plus a 1% 'mansion tax' paid by the grantee on residential transfers of $1 million or more (§ 1402-a), rising in New York City to a combined 1.25%–3.9% from $2 million (§ 1402-b); New York City adds its own Real Property Transfer Tax of 1%–2.625%. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: gifts and other transfers without consideration that are not part of a sale and A mere change of identity or form of ownership with no change in beneficial ownership, such as a transfer into your own revocable trust. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in New York
New York deeds are recorded with the County Clerk (NYC: City Register / ACRIS) in the county where the property sits, not where you live. There are 62 counties in New York.
Many New York recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in New York: Kings, Queens, New York, Suffolk, Nassau, Bronx, Westchester, Erie, Monroe, Richmond, Onondaga, Orange. See all New York recording offices.
What a quitclaim deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- It gives the new owner no warranty that the title is good. If a lien or a competing claim surfaces later, the grantee has no claim against the grantor under the deed.
- It does not remove anyone from the mortgage. The lender's loan is a separate contract; only a refinance or a release from the lender does that.
- It does not by itself avoid probate. The transfer happens now, not at death.
- A title insurer may decline to insure, or ask for more, when the chain of title rests on a quitclaim, especially one from an unknown party.
Quirks of New York law that catch people out
- Every New York deed that transfers title now (anything but a transfer on death deed) needs Form TP-584 and Form RP-5217, or in New York City Form TP-584-NYC and Form RP-5217NYC. Missing either one gets the deed rejected, even for a $0 family transfer.
- New York City records through ACRIS with the City Register, not a county clerk, except Staten Island (Richmond County), which uses the Richmond County Clerk.
- New York City layers its own Real Property Transfer Tax on top of the state tax, reaching 2.625% on high-value commercial transfers.
- New York finally allowed transfer on death deeds on July 19, 2024. Anything written before that date says New York has none, and that is now out of date.
- A New York TOD deed needs two witnesses as well as a notary, which no ordinary New York deed requires.
- A conveyance to a married couple creates a tenancy by the entirety automatically.
- New York has no transfer tax exemption for transfers between spouses as such. A transfer to a spouse under a divorce or separation agreement is presumed to be made for the property's fair market value, so transfer tax may be due (Form TP-584 instructions).
How to hold title in New York
When two or more people take title in New York and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in New York: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A conveyance to a married couple in New York creates a tenancy by the entirety unless stated otherwise (N.Y. EPTL § 6-2.2).
Deedly is not preparing New York deeds at this time
New York law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a New York attorney can prepare it for you.
Common questions
Not if you prepare the deed yourself. New York law limits who may charge to prepare a deed for someone else. You can prepare your own deed, or a New York attorney can prepare it for you. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk (NYC: City Register / ACRIS). If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $50 for the first page and roughly $5 per additional page. New York also charges real estate transfer tax of $2 per $500 of consideration (0.4%), paid by the grantor (Tax Law §§ 1402, 1404); in New York City $3.25 per $500 (0.65%) on residential transfers of $3 million or more and other transfers of $2 million or more; plus a 1% 'mansion tax' paid by the grantee on residential transfers of $1 million or more (§ 1402-a), rising in New York City to a combined 1.25%–3.9% from $2 million (§ 1402-b); New York City adds its own Real Property Transfer Tax of 1%–2.625%, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. Recording fees differ by county. Erie County charges a $45 cover page plus $5 a page, and Monroe County $50 for a one-page deed and $5 for each additional page, plus $10 more on a residential deed. New York City recording through ACRIS has its own fee schedule. Every deed except a transfer on death deed also pays an RP-5217 filing fee of $125 for a one- to three-family home, residential condominium or farm, or $250 for other property (N.Y. Real Prop. Law § 333(3)), plus a TP-584 filing fee of about $5 to $10. Some counties add their own fees, such as Suffolk County's $200 verification fee per tax lot and Orange County's $10 deed fraud letter fee.
No. New York requires only that the grantor's signature be acknowledged before a notary public. Some New York forms still carry an optional 'In presence of' line, which does no harm.
With the County Clerk (NYC: City Register / ACRIS) in the county where the property is located, not where you live, and not where the buyer lives. New York has 62 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- New York general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- New York special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- New York transfer on death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- New York life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for New YorkRecording offices, transfer tax, witness rules, and fees.
- New York recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.