Estate Planning for Yates County, New York Property Owners

For most Yates 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.

Record a TOD deedWhere to recordLocal attorneys

For a Yates 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 Yates 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.

Without a recorded beneficiary designation or a trust, Yates County property passes through the Surrogate's Court — even simple New York probates run 7+ months and start with $45 in filing fees.

Record a Transfer-on-Death Deed in Yates County

A transfer on death deed names a beneficiary who receives Yates 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 Aug 24, 2026View source witnesses and notary acknowledgmentN.Y. Real Prop. Law 424Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathN.Y. Real Prop. Law 424Verified Aug 24, 2026View source.

Create a New YorkTOD deed →Yates Countysigning requirements →

Where to Record Property Documents

Deeds and other real property documents for Yates County are recorded with the County Clerk, led by County Clerk Molly Linehan, at 417 Liberty Street, Suite 1107, Penn Yan, NY 14527. Phone: (315) 536-5120. Hours: Monday - Friday, 9:00 AM - 5:00 PM.

The County Clerk charges $45 per document plus $5 for every page. Recording a 2-page transfer on death deed in Yates County comes to $55. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Yates County · County Clerk · Molly Linehan

Address

417 Liberty Street, Suite 1107Penn Yan, NY 14527

Fax

(315) 536-5545

Hours

Monday - Friday, 9:00 AM - 5:00 PM
Visit recorder website →

Recording fees

Document fee (per document)$45
Each page$5
TP-584 Combined Real Estate Transfer Tax Return$5
RP-5217 Real Property Transfer Report (Residential/Agricultural)$125
RP-5217 Real Property Transfer Report (Commercial/Other)$250
Transfer tax on a TOD deedExempt

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

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Verified September 8, 2026 · Source

Estate Planning Attorneys Serving Yates County

Solo PracticeWaterloo, NY

Bonney Law Firm, PLLC

Serves 7 counties

Waterloo (Seneca County) firm practicing in the heart of the Finger Lakes for four generations, serving Seneca, Ontario, Wayne, Yates, Cayuga and Schuyler counties. Represents executors and administrators through appointment, notifying next-of-kin, applying for the estate EIN, valuing and liquidating assets, filing the court inventory and estate tax returns, negotiating with creditors, accounting to beneficiaries and distributing the estate. Also handles Medicaid and nursing-home planning, wills and trusts, and elder law; initial probate consultations are free.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 2 more

Office
20 West Main StreetWaterloo, NY 13165
Free consultation

FirmCanandaigua, NY

The Whitcomb Law Firm, P.C.

Serves 7 counties

Canandaigua firm representing personal representatives, executors and trustees through Ontario County Surrogate's Court administration, with a second office in Geneva. The practice handles both probate and non-probate assets, including assets held in trust, and represents beneficiaries and estate creditors. It also litigates contested estates - will contests, breach of fiduciary duty and trust disputes - on either side.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 9 more

Office
51 N Main StreetCanandaigua, NY 14424

Solo PracticeCanandaigua, NY

Kenyon & Kenyon

Canandaigua practice on North Street concentrating on elder law, estate and trust planning and administration, and long-term-care and disability planning. Edward C. "Russ" Kenyon has spent over 30 years helping clients with estates, trusts, Medicaid, and long-term-care plans, and is a member of the National Academy of Elder Law Attorneys. The firm returned under the Kenyon & Kenyon name on March 1, 2025.

PracticesEstate PlanningEstate AdministrationTrust AdministrationElder Law

Office
11 North Street, Suite 100Canandaigua, NY 14424

FirmRochester, NY

Weinstein & Randisi

Rochester (Monroe County) estate planning and elder law firm, serving communities across New York for more than 60 years. Handles estate, probate, and trust administration, estate litigation, guardianships and conservatorships, Medicaid planning, and veterans benefits. Bills flat fees and does not charge for phone calls or meetings.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
290 Linden Oaks, Suite 200Rochester, NY 14625
Free consultation

FirmBath, NY

Cole & Valkenburgh, P.C.

Serves 4 counties

Bath (Steuben County) firm serving the Finger Lakes and Southern Tier for over 100 years. Its wills, trusts and estates practice is planning-side — wills and trusts, health care proxies, living wills, powers of attorney, Medicaid planning and guardianships — alongside real estate and civil litigation.

PracticesEstate PlanningElder LawGuardianshipMedicaid Planning

Office
7 East Steuben StreetBath, NY 14810

FirmLake Success, NY

Abrams Fensterman, LLP

Since 2000 · Serves 9 counties

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.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
3 Dakota Drive, Suite 300Lake Success, NY 11042
See all 9 firms serving Yates 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.

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