New York Transfer on Death Deed
A New York transfer on death deed (Real Property Law 424, effective 2024) names a beneficiary to receive your home without probate. New York requires two witnesses and a notary, and recording with the county clerk before you die. Attorney review available.
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Introduction
New York added its transfer on death deed in 2024 under Real Property Law 424 and requires it to be signed before two witnesses and a notary, a deed you record while you are alive that names a beneficiary to receive your real property automatically at your death, without probate. New York authorized this tool in Real Property Law 424, which took effect on July 19, 2024, so it is a recent option in the state. A transferor may transfer property to one or more beneficiaries effective at the transferor death, and the deed is revocable even if it or another instrument says otherwise (RPL 424(4)). During your life the deed has no effect on your ownership: you keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest until you die. New York has a stricter signing rule than most states. The deed must state that the transfer to the beneficiary occurs at your death, must be signed by two witnesses who were present at the same time and who witnessed your signing, must be acknowledged before a notary public, and must be recorded before your death in the public records in the county clerk office of the county where the property is located (RPL 424(7)). New York sets no fixed number of days after signing, but the deed does not work unless it is recorded while you are alive. Once recorded, the deed can be revoked only by a later instrument acknowledged after this deed and recorded before your death; it is not revoked by an act on the deed itself. DocDraft builds your New York transfer on death deed from your facts, with attorney review available before you sign.
Key Things to Know
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In New York a transfer on death deed is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (Real Property Law 424).
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New York authorized the transfer on death deed in Real Property Law 424, effective July 19, 2024, so it is a recent estate-planning tool in the state.
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During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die (RPL 424(4)).
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New York requires more than a notary. The deed must be signed by two witnesses who were present at the same time and who witnessed your signing, and it must be acknowledged before a notary public (RPL 424(7)).
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The deed must state that the transfer to the beneficiary occurs at your death, and it must be recorded before your death in the county clerk office of the county where the property is located (RPL 424(7)).
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New York sets no fixed number of days after signing, but the deed does not work unless it is recorded while you are alive. Recording promptly is the safest approach.
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Once recorded, the deed is revoked only by a later instrument acknowledged after this deed and recorded before your death; a recorded deed is not revoked by an act on the deed itself.
Key decisions before you file
Before you file a Transfer on Death Deed in New York, a few decisions shape the document: which option to choose and what each one means. The Transfer on Death Deed guide walks through them.
Open the Transfer on Death Deed guideCustomize your Transfer on Death Deed Template with DocDraft
Once your Transfer on Death Deed is ready, you can check whether it needs to be notarized in New York in about a minute, and notarize it online through DocDraft if it does.
New York Requirements for Transfer on Death Deed
New York authorized the transfer on death deed in Real Property Law 424, effective July 19, 2024. The deed must state that the transfer to the beneficiary is to occur at the death of the transferor (RPL 424(7)). It transfers real property to one or more beneficiaries effective at death.
The full legal description of the property from the current recorded deed, plus the street address. A street address alone is not enough to record the deed with the county clerk.
The full legal name of the beneficiary who will receive the property at the death of the transferor, and an alternate if the first beneficiary does not survive. Naming a backup helps keep the property out of probate.
The deed must be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed (RPL 424(7)). This witness rule is in addition to notarization and is stricter than most states.
The deed must also be acknowledged before a notary public (RPL 424(7)). Both the two witnesses and the notary acknowledgment are required, so arrange the signing so everyone can be present together.
The deed must be recorded before the death of the transferor in the public records in the county clerk office of the county where the property is located (RPL 424(7)). New York sets no fixed number of days, but record while the transferor is alive.
Once recorded, the deed can be revoked only by a later instrument that is acknowledged after this deed and recorded before the death of the transferor (RPL 424(7)). A recorded transfer on death deed is not revoked by an act on the deed itself.
A transfer on death deed transfers the property without covenant, and the beneficiary takes it subject to any mortgages, liens, and claims on it at the death of the transferor. The deed avoids probate for that property but does not erase a mortgage or other lien.
Does your Transfer on Death Deed need to be notarized in New York?
Whether a Transfer on Death Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Transfer on Death DeedFrequently Asked Questions
A transfer on death deed in New York is a deed you sign and record while you are alive that names a beneficiary to receive your real property automatically when you die, without probate (Real Property Law 424). During your lifetime it has no effect on your ownership: you keep full control and can sell or revoke it, and the beneficiary has no interest until you die. It passes only the property described in the deed. New York authorized this tool effective July 19, 2024.
A New York will directs who inherits your property, but the property still passes through probate, the court process that can take many months. A New York transfer on death deed passes the specific real property it names directly to the beneficiary at your death, outside probate. The will covers your whole estate; the transfer on death deed covers only the real property it describes. Many people use both, so the deed handles the home and the will handles everything else.
New York has a strict signing rule. The deed must state that the transfer to the beneficiary occurs at your death, must be signed by two witnesses who were present at the same time and who witnessed your signing, and must be acknowledged before a notary public (RPL 424(7)). You must then record the deed before your death in the county clerk office of the county where the property is located. Missing any of these steps can make the deed ineffective.
Yes. New York is one of the few states that requires witnesses in addition to a notary. A New York transfer on death deed must be signed by two witnesses who were present at the same time and who witnessed your signing, and it must also be acknowledged before a notary public (RPL 424(7)). Both the two witnesses and the notary acknowledgment are required, so plan your signing so everyone can be present together.
A New York transfer on death deed must be recorded before your death in the public records in the county clerk office of the county where the property is located (RPL 424(7)). New York sets no fixed number of days after signing, but the deed does not transfer the property unless it is recorded while you are alive. Recording promptly after your signing is the safest way to be sure it is on record in time.
Yes. A New York transfer on death deed is revocable even if the deed or another instrument says otherwise (RPL 424(4)). Once the deed is recorded, you revoke it by a later instrument that is acknowledged after this deed and recorded before your death in the county clerk office where the deed is recorded (RPL 424(7)). A recorded transfer on death deed is not revoked by an act on the deed itself, so you must record the revoking instrument.
You record a New York transfer on death deed in the public records in the county clerk office of the county where the property is located, in the same manner as any other type of deed (RPL 424(7)). If the property sits in more than one county, record the deed in each of those counties. Recording is what makes the deed effective, and it must be completed before your death.
A New York transfer on death deed can transfer your interest in real property, such as your home, to one or more named beneficiaries effective at your death (Real Property Law 424). It passes only the real property described in the deed and does not cover your other assets. A transfer on death deed transfers the property without covenant, and the beneficiary takes it subject to any existing mortgages and liens.