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 May 6, 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 notarization (state specific) and 2 witnesses. The signed deed must be recorded at the county clerk or city register (nyc) before death to be effective.N.Y. Real Prop. Law 424Verified May 6, 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 May 6, 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 May 6, 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 May 6, 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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New York Estate Planning Resources
In-depth guides covering New York probate laws, trust requirements, and estate planning strategies.
