Do I Need a Transfer on Death Deed in New York?

Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.

Frequently Asked Questions

Yes. New York allows transfer on death deeds.N.Y. Real Prop. Law 424Verified Aug 24, 2026 The deed transfers real property to a named beneficiary at death without probate. See how this compares to a trust with the probate calculator.

A transfer on death deed in New York requires notary acknowledgment and 2 witnesses. The signed deed must be recorded at the county clerk or city register (nyc) before death to be effective. Must be recorded before the transferor's death in the county clerk's office of the county where the property is located. N.Y. Real Prop. Law 424(7)(e). In NYC, the Office of the City Register records deeds for the Bronx, Brooklyn, Manhattan, and Queens; Staten Island deeds are recorded with the Richmond County Clerk (nyc.gov, NYC Dept. of Finance recording guidance).N.Y. Real Prop. Law 424Verified Aug 24, 2026

Yes. A transfer on death deedis revocable at any time during the owner's lifetime. Revocation methods in New York include: Recording a subsequent TOD deed that revokes expressly or by inconsistency, Recording an instrument of revocation, Recording an inter vivos deed that expressly revokes the TOD deed.N.Y. Real Prop. Law 424Verified Aug 24, 2026

New York allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial properties.N.Y. Real Prop. Law 424Verified Aug 24, 2026

Yes. New York allows multiple beneficiaries on a transfer on death deed. If multiple beneficiaries are named, they take title as tenants in common unless the deed specifies otherwise.N.Y. Real Prop. Law 424Verified Aug 24, 2026

A transfer on death deed transfers the property directly to the beneficiary at death, bypassing probate for that asset. Other assets not covered by a TOD deed, trust, or beneficiary designation still go through probate. Use the New York probate calculator to estimate the cost of probating remaining assets.

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