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 control, including the power to sell or mortgage it without anyone's signature. Here is exactly what New York requires, what it costs, and where to file it. Deedly is not preparing New York deeds at this time.
- Recording office
- County Clerk (NYC: City Register / ACRIS)
- Witnesses
- 2 + notary
- Transfer tax
- None when recorded
- First-page margin
- 3″ top
- Recording fee
- ~$50 first page
- E-recording
- Approved submitters
What a transfer on death deed does in New York
A transfer-on-death deed (a beneficiary deed in Arizona, Arkansas, Colorado and Missouri) 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. Your beneficiaries then record the documents your state requires to show them as the owners; in a few states that filing has a deadline, or is what completes the transfer.
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.
The New York law behind this deed
Start with N.Y. Real Prop. Law § 424 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.
| What it governs | Citation |
|---|---|
| Transfer on death deeds specifically | N.Y. Real Prop. Law § 424 |
| 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 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. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| 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 | 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 | None when you record it. |
| 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)). |
| 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 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.
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 and 2 witnesses. Wait to sign until you are in front of the notary and the witnesses, who must see you sign.
- 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.
- Tell your beneficiaries where it isAfter your death they record proof of it, such as a certified death certificate or an affidavit of death, with the County Clerk (NYC: City Register / ACRIS) so the land records show them as the owners.
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 | None when recorded |
| 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 |
No Form TP-584 or Form RP-5217 is filed, and no transfer tax is paid, when you record a New York transfer on death deed (Suffolk and Monroe County Clerk recording policies); confirm with your county clerk. Your beneficiaries may need both forms when they record proof of your death.
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 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 34 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 a beneficiary dies before you, what happens to their share depends on state law: in some states it passes to the other beneficiaries or to the beneficiary's descendants, in others it fails. Naming an alternate, where your state's form allows one, avoids the question.
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).
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 2 witnesses, 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. No Form TP-584 or Form RP-5217 is filed, and no transfer tax is paid, when you record a New York transfer on death deed (Suffolk and Monroe County Clerk recording policies); confirm with your county clerk. Your beneficiaries may need both forms when they record proof of your death. 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.
Yes. 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. Note that this is stricter than an ordinary New York deed, which needs no witnesses at all.
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.
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 your death the property passes directly to the people you named, outside probate. They then record proof of your death with the County Clerk (NYC: City Register / ACRIS) so the public record shows the change. 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
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.