New York property deeds
Deed rules are state law, and New York's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- 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
- ~$45 first page
- E-recording
- Generally available
Deeds New York recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer on death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | Yes |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
New York does not recognize lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in New York
New York requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
A New York transfer on death deed needs 2 witnesses. An ordinary New York deed needs none
A New York transfer on death deed must be signed by two witnesses who are present at the same time, in addition to being acknowledged before a notary (N.Y. Real Prop. Law § 424(7)). An ordinary New York deed needs no witnesses at all, so this catches almost everyone.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None on an ordinary deed. 2 on a transfer on death deed. |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
New York document formatting rules
County clerks in New York expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
New York transfer tax and recording fees
New York charges Real estate transfer tax at $2 per $500 of consideration (0.4%) statewide; an additional 1% 'mansion tax' on residential sales of $1,000,000 or more; New York City adds its own Real Property Transfer Tax of 1%–2.625%. Customarily paid by the grantor.
Common exemptions: transfers between spouses, gifts with no consideration and no mortgage assumed, and transfers to or from a revocable trust.
A form has to travel with the deed
New York requires Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $45 for the first page plus roughly $5 per additional page. New York City recording through ACRIS has its own fee schedule.
How to hold title in New York
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for 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).
Where to record a deed in New York
Deeds are recorded with the County Clerk (NYC: City Register / ACRIS) in the county where the property is located. New York has 62 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Kings · Queens · New York · Suffolk · Nassau · Bronx · Westchester · Erie · Monroe · Richmond · Onondaga · Orange · Rockland · Albany. all New York recording offices
Why deeds get rejected in New York
- Every New York deed needs BOTH Form TP-584 and Form RP-5217. 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. Deedly puts both witness lines on the document for you.
- A conveyance to a married couple creates a tenancy by the entirety automatically.
From $39. Every New York rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Clerk (NYC: City Register / ACRIS) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a transfer-on-death deed for probate avoidance.
No. New York does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $45 for the first page plus roughly $5 per additional page. New York also charges real estate transfer tax at $2 per $500 of consideration (0.4%) statewide; an additional 1% 'mansion tax' on residential sales of $1,000,000 or more; New York City adds its own Real Property Transfer Tax of 1%–2.625%.
Yes. The statute is N.Y. Real Prop. Law § 424. New York calls it a transfer on death deed. It must be recorded before the owner's death to be effective.
Keep reading
- New York quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- 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 recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.