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Transfer on Death Deed Laws in New York

New York allows transfer on death deeds under Real Property Law 424, and the deed must be signed before two witnesses, notarized and recorded with the county clerk before the owner dies.

Last checked . General information, not legal advice.

New York at a glance

TOD deed allowed
Yes
Real Property Law 424 also requires two witnesses and a notary acknowledgment.
Recording rule
Before the owner's death
Must be recorded in the county clerk's office where the property is located, like any other deed.

Sources

Last checked

The rules in New York

Does New York allow transfer on death deeds for real estate?

Yes. TOD deed allowed in New York: yes. Real Property Law 424 also requires two witnesses and a notary acknowledgment.

When must a transfer on death deed be recorded in New York?

Recording rule in New York: Before the owner's death. Must be recorded in the county clerk's office where the property is located, like any other deed.

Where do the New York transfer on death deed laws come from?

The rules above come from N.Y. Real Prop. Law 424. Each source is linked on this page. We last checked them in October 2026.

Good to know

The current text of Real Property Law 424 on the NY Senate site dates from a July 26, 2024 revision.

What this means in practice

Where a transfer on death deed is allowed, it generally has to be signed with the same formalities as an ordinary deed and recorded in the land records of the county where the property sits. A deed that is signed but never recorded within the time the statute requires may have no effect, so check the recording rule before relying on one.

A transfer on death deed usually covers only the property it describes. It does not replace a will, and other assets still pass under a will, a trust or the intestacy rules. Keeping the deed consistent with your other estate planning documents helps avoid conflicting instructions.

Creditors, Medicaid estate recovery and property tax rules can still reach property that passes by a transfer on death deed in some situations. If the property is mortgaged, jointly owned or the beneficiary situation is complicated, consider having a local real estate or estate planning attorney review the deed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.