Can you use a transfer-on-death deed in New York?
Yes. In New York, an owner may pass real estate at death by a transfer on death deed that has the formalities of a recordable deed, states that the transfer happens at the owner’s death, is signed by two witnesses present at the same time, is acknowledged before a notary public, and is recorded in the county clerk’s office before the owner dies; the deed stays revocable. The deed is effective without notice or delivery to, or acceptance by, the beneficiary during the owner’s life, and without consideration. A recorded transfer on death deed can be revoked only by a later acknowledged and recorded instrument, not by an act on the deed itself. If the owner is a joint owner survived by another joint owner, the property belongs to the survivor, and the deed takes effect only if the owner is the last surviving joint owner. This is N.Y. Real Prop. Law § 424.
| What | New York |
|---|---|
| Transfer-on-death deed | Allowed; two witnesses, notarized, record before death |
Source
N.Y. Real Prop. Law § 424
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Illinois
- Indiana
- Kansas