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

New York authorizes transfer on death deedsN.Y. Real Prop. Law 424Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.

Frequently Asked Questions

Yes. New York allows transfer on death deedsN.Y. Real Prop. Law 424Verified Jul 15, 2026. The deed names a beneficiary for real property, is recorded during the owner's life, and passes the property at death without probate.

A transfer on death deed in New York requires notary acknowledgment and 2 witnessesN.Y. Real Prop. Law 424Verified Aug 24, 2026. The signed deed must be recorded at the county clerk or city register (nyc) before death to take effectN.Y. Real Prop. Law 424Verified Aug 24, 2026. 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).

Yes. A transfer on death deed is revocable at any time during the owner's life, and New York revokes one by: 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 deedN.Y. Real Prop. Law 424(9)Verified Jul 15, 2026. A will cannot revoke it.

New York allows transfer on death deeds for all types of real property, including homes, land, condominiums, and commercial propertiesN.Y. Real Prop. Law 424Verified Jul 15, 2026.

Yes. New York allows multiple beneficiaries on a transfer on death deedN.Y. Real Prop. Law 424Verified Jul 15, 2026; they take title as tenants in common unless the deed says otherwise. A successor beneficiary can be named to take if a primary beneficiary dies first.

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