Estate Planning for Nassau County, New York Property Owners

For most Nassau County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Nassau County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Surrogate's Court. The two tools that keep a Nassau County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Skipping this planning step means the Surrogate's Court decides who receives the property: a simple New York probate takes 7+ months and opens with $45 in court filing fees.

Record a Transfer-on-Death Deed in Nassau County

A transfer on death deed names a beneficiary who receives Nassau County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a New York transfer on death deed is signed with 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Nassau County are recorded with the County Clerk at 240 Old Country Road, Mineola, NY 11501. Phone: 1-516-571-2660. Hours: Monday-Friday 9:00 AM-4:45 PM (last cashiering at 4:45 PM).

The County Clerk charges $45 per document plus $5 for every page. A 2-page transfer on death deed is $55 in recording fees, before any required forms the office charges for. A transfer on death deed is exempt from transfer tax.

Nassau County accepts electronic recording through CSC, ePN and Simplifile.

Recording Office Record

County Clerk

Nassau County

Hours

Monday-Friday 9:00 AM-4:45 PM (last cashiering at 4:45 PM)

Office

240 Old Country Road, Mineola, NY 11501

Fees

Recording fees

Document fee (per document)$45
Each page$5
TP-584 Combined Real Estate Transfer Tax ReturnNot required for a TOD deed$5
RP-5217 Real Property Transfer Report (Residential/Agricultural)Not required for a TOD deed$125
RP-5217 Real Property Transfer Report (Commercial/Other)Not required for a TOD deed$250
Per Block FeeRequired with most deeds$300
Residential Deed Notification Fee (RPL § 291)Required with most deeds$10
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

CPLR § 8021(a)(4) (county-adjustable); RPL § 333(3)(ii) (RP-5217 filing fee); county-published fee schedules

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Nassau County

Lake Success (Nassau County) firm guiding executors, administrators, trustees and beneficiaries through New York Surrogate's Court — probate, estate and trust administration, and contested estates and objections to a will or to fiduciary conduct. Also handles estate planning, retirement-distribution planning, Medicaid and elder law. Absorbed the Berwitz & DiTata estate practice.

Since 2000Serves 9 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+4

Jericho (Nassau County) firm filing for Long Island families in the Nassau and Suffolk Surrogate's Courts. Handles probate, letters of administration and estate administration, wills and trusts, trustee and beneficiary representation, elder law and special-needs planning. Attorneys handle each case personally rather than passing it to staff.

Serves 2 countiesEstate PlanningTrust AdministrationProbateElder LawGuardianship+2

Woodbury solo handling Nassau County probate through the Surrogate's Court in Mineola. Haner files probate petitions, gets executors appointed under letters testamentary, and brings compulsory-accounting and will-contest proceedings when a fiduciary refuses to account. The site carries fourteen plain-language Surrogate's Court explainers covering citations, renunciations, temporary administration and venue.

Solo PracticeServes 2 countiesEstate PlanningProbateProbate LitigationElder LawGuardianship+2

Setauket (Suffolk County) practice handling probate, estate administration, and trust and estate litigation in the Surrogate's Court, serving Long Island and the New York metro area. Drafts wills, trusts, and special-needs and business-succession plans, and brings adult guardianship proceedings, with phone, virtual, and office consultations offered at no charge.

Solo PracticeSince 2019Serves 7 countiesFree consultationVirtual consultationsEstate PlanningProbateTrust LitigationElder LawGuardianshipSpecial Needs Planning

Mineola attorney-CPA handling Nassau County estate settlement in the Surrogate's Court. Kutner takes administrators through probate and through the non-probate transfers that sit outside it, including estates holding real property in more than one county, and serves as executor and trustee himself. He also oversees the trust, estate and tax departments of a Manhattan firm as of counsel.

Solo PracticeServes 7 countiesEstate PlanningProbateTax PlanningBusiness LawReal Estate

Great Neck (Nassau County) firm of two attorneys serving Long Island, Queens, Brooklyn, the Bronx, and Westchester. Handles probate where there is a will and estate administration where there is not, navigating the Surrogate's Court system for executors and administrators, alongside trust administration, wills, revocable and irrevocable trusts, elder law, Medicaid planning, and special-needs trusts. Founded in 2017 by attorneys with more than two decades in elder law and estate practice; free 15-minute phone consultation.

Since 2017Serves 6 countiesFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateElder LawGuardianship+2

See all 38 firms serving Nassau County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

Legal Sources

(2)·

Data sourced from New York statutes and official state code. How we research.

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Codicil to a Will

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Healthcare Power of Attorney

New York requires 2NY PHL § 2981(5)(d)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredNY PHL § 2981(5)(d)Verified Oct 15, 2026View source.

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HIPAA Release

In New York, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationN.Y. Pub. Health Law §§ 2780(9), 2782(5)(a) (Article 27-F); NY DOH Form DOH-2557 (Rev. 2/11); N.Y. Civ. Rights Law § 79-l(2)(b), (2)(c), (2)(d), (3)(a)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

New York treats a power of attorney as durable by defaultNY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source, and it is signed before 2NY GOL §§ 5-1501, 5-1501A, 5-1501B, 5-1502A through 5-1502N, 5-1504, 5-1512, 5-1513Verified Sep 18, 2026View source witnesses and a notary.

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Transfer on Death Deed

In New York, a transfer on death deed is signed before a notaryN.Y. Real Prop. Law 424Verified Oct 19, 2026View source and 2N.Y. Real Prop. Law 424Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's deathN.Y. Real Prop. Law 424Verified Oct 19, 2026View source. New York does not recognize a Lady Bird deed.

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Pour-Over Will

In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Revocable Living Trust

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In New York, a will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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New York recognizes a will signed under the law of the place where it was signedEPTL § 3-5.1(c)Verified Oct 19, 2026View source; a will signed in New York itself needs 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses, and notarization is not requiredEPTL § 3-2.1Verified Oct 19, 2026View source.

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In New York, a will-based plan pays probate attorney fees of typically 2.5%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 4%Modeled estimate under SCPA § 2110 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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