New York property deeds
Deed rules are state law, and New York's differ from its neighbors 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. 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
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, so recording one here may not do 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. Some New York forms still carry an optional 'In presence of' line, which does no harm.
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 were present at the same time and watched the owner sign (N.Y. Real Prop. Law § 424(7)(c)), and acknowledged before a notary (§ 424(7)(d)). An ordinary New York deed needs no witnesses at all, so this catches almost everyone.
| Requirement | Rule |
|---|---|
| Notarization | Required. Each signer must appear before the notary and acknowledge the 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
A safe layout for New York is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the county clerk's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. Writing into the recorder's stamp area is the most common formatting rejection there is.
- New York county clerks accept 8.5 × 11 or 8.5 × 14 inch paper, black ink on white paper, and type of at least 8 points (Orange and Suffolk County Clerks).
New York transfer tax and recording fees
New York charges Real estate transfer tax at $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%.
Common exemptions: 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.
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), or in New York City Form TP-584-NYC, Form RP-5217NYC and Form NYC-RPT (NYC Real Property Transfer Tax Return) with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $50 for the first page and roughly $5 per additional 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.
See how New York's transfer tax and recording fee compare with other states.
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. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.
Kings · Queens · New York · Suffolk · Nassau · Bronx · Westchester · Erie · Monroe · Richmond · Onondaga · Orange · Rockland · Albany · Dutchess. all New York recording offices
Why deeds get rejected in New York
- 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).
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
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.
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. 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 $50 for the first page and roughly $5 per additional page. New York also charges real estate transfer tax at $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%.
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
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.