New York transfer on death deed
A transfer on death deed lets you name who inherits your New York property without probate, while you keep full ownership and the right to change your mind. Here is exactly what New York requires, what it costs, and where to file it.
- Recording office
- County Clerk (NYC: City Register / ACRIS)
- Witnesses
- 2 + notary
- Transfer tax
- $2 per $500 of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$45 first page
- E-recording
- Generally available
What a transfer on death deed does in New York
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado, Missouri and New Mexico) names the person who should receive your real estate when you die. You record it now, but it transfers nothing until death: you keep full ownership, you can sell or mortgage the property, and you can revoke the deed at any time without your beneficiary's consent. When you die, the property passes outside probate on proof of death.
In New York the governing statute is N.Y. Real Prop. Law § 424. New York's transfer on death deed took effect July 19, 2024. It needs two witnesses plus a notary, and it must be recorded before the owner dies. The capacity required is the same as for making a will.
When New York homeowners use a transfer on death deed
- Leave a house to your children without probate
- Keep real estate out of a will contest
- Get probate avoidance without paying for a full living trust
- Name a backup beneficiary in case your first choice dies first
- Revoke or change an earlier beneficiary designation
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. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| 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 | A 'when recorded, return to' block is required. |
| 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 top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report) |
| Timing | Must be recorded before the owner's death. Recording it afterwards has no effect. |
A transfer on death deed needs 2 witnesses in New York, even though 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.
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 deedDeedly builds it with New York's statutory language, the correct notary block, and the 3-inch first-page margin county clerks expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Complete Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report)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. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Tell your beneficiaries where it isAfter your death they will need the recorded document plus a certified death certificate, and in most states an affidavit of death, to complete the transfer.
What it costs in New York
| Cost | Typical amount |
|---|---|
| Recording fee | About $45 for the first page plus about $5 per additional page |
| Transfer tax | Real estate transfer tax: $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% |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
New York charges a real estate transfer tax of $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%. It is customarily paid by the grantor. 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: transfers between spouses, gifts with no consideration and no mortgage assumed, and transfers to or from a 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.
Most New York recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
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 transfer on death deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Only about thirty states plus DC recognize it. Recording one in a state that does not accept it accomplishes nothing.
- It does not clear the mortgage. Your beneficiary takes the property subject to any loan, lien, or judgment against it.
- It doesn't protect the property from your creditors, and in many states it doesn't shield the property from Medicaid estate recovery.
- The beneficiary receives no ownership interest until you die. They cannot be added as a co-owner this way.
- If the beneficiary dies before you and you name no alternate, the deed usually fails and the property goes through probate anyway.
Quirks of New York law that catch people out
- 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.
$69, one time. Your finished deed appears in full before you pay, with New York's witness rules, margins, and recording instructions already applied.
Common questions
No. New York has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the County Clerk (NYC: City Register / ACRIS). Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $45 for the first page and about $5 per additional page. New York also charges real estate transfer tax of $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%, though gifts and family transfers are often exempt. New York City recording through ACRIS has its own fee schedule.
Yes. 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. Note that this is stricter than an ordinary New York deed, which needs no witnesses at all. Deedly puts the right number of witness lines on your document automatically.
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. Most offices also accept e-recording through a submitting service.
Yes. Transfer on death deeds are revocable during your lifetime. You can record a revocation, record a new one naming different beneficiaries, or simply sell the property. You don't need your beneficiary's permission for any of it.
Yes, for this property. On death the property passes directly to the people you named, outside probate, once they record proof of death with the County Clerk (NYC: City Register / ACRIS). It doesn't avoid probate for anything else you own, it doesn't clear the mortgage, and it doesn't protect the property from your creditors.
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 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
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.