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
- 1
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).
- 2
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.
- 3
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)).
- 4
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)).
- 5
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)).
- 6
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.
- 7
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.
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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
Use a Real Property Law 424 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.
Legal Description of the Property
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.
Name the Beneficiary and an Alternate
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.
Sign Before Two Witnesses
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.
Acknowledge the Deed Before a Notary
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.
Record Before Death With the County Clerk
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.
Revoke Only by a Later Recorded Instrument
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.
Property Passes Subject to Liens
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?
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