New York: Transfer-on-Death Deed Requirements

New York only recently joined the states that let you keep your home out of probate with a
transfer-on-death deed. The tool did not exist here before July 19, 2024, when Real
Property Law § 424 took effect. If you record a valid one, your home passes to the
person you named the moment you die, with no probate case; the catch is that New York's
signing rules are stricter than an ordinary deed's, and getting them wrong makes the deed
ineffective.

How to sign it

New York borrows the demanding execution formula more often seen with wills. Under
§ 424(7), a transfer on death deed must "contain the essential elements and formalities
of a properly recordable inter vivos deed," state that the transfer happens at your death,
and then satisfy two extra steps:

• two witnesses, present at the same time, who witness your signing and sign
  themselves; and
• acknowledgment before a notary public.

On top of that, § 424(6) requires that you have "the capacity required to make a will" —
a will-making standard, not the lower bar for an ordinary deed. New York even publishes a
fill-in statutory form inside the statute itself (§ 424(15)), with witness and notary
lines built in. The two-witness requirement is the step people miss, because a normal New
York deed is notarized but not witnessed; a TOD deed needs both.

Recording requirement

Signing and notarizing the deed does nothing by itself. Under § 424(7), the deed must
be "recorded before the transferor's death in the public records in the county clerk's
office of the county where the property is located in the same manner as any other type of
deed." Two points:

• Record it while you are alive. A TOD deed found unrecorded after you die transfers
  nothing — the property passes by your will or by intestacy instead.
• No fixed outer deadline. Unlike California (60 days from notarization), New York sets
  no signing-to-recording deadline; the deed is good whenever you record it, as long as
  that happens before death. If the property spans two counties, record it in each.

Revoking it

A New York TOD deed is "revocable even if the deed or another instrument contains a contrary
provision," and you revoke it only with a recorded instrument. Under § 424(9), the
sole methods are a later TOD deed, an express instrument of revocation, or an inter vivos
deed that expressly revokes it — each "acknowledged by the transferor after the
acknowledgment of the deed being revoked and recorded before the transferor's death." Once
recorded, the deed cannot be revoked by a "revocatory act" like tearing it up. Two wrinkles:

• A will cannot revoke it. The statute's own instructions say plainly, "You may not
  revoke the TOD deed by will" (§ 424(15)). Only a recorded instrument works.
• Joint owners revoke together. If co-owners made the deed, "a deed of joint owners
  shall only be revoked if it is revoked by all of the living joint owners" — one owner
  cannot undo it alone. And divorce revokes a former spouse's share automatically
  (§ 424(12), applying EPTL 5-1.4).

Eligible property and owner

A New York TOD deed reaches broadly. "Property" means "an interest in real property located
in this state which is transferable on the death of the owner" (§ 424(1)) — there is no
California-style limit to small residential parcels. The transferor must be "an individual"
(§ 424(3)), not an entity.

The deed passes only your own interest. If you own the home with someone else as joint
owners with a right of survivorship (a joint tenancy or a tenancy by the entirety) and one
of them outlives you, § 424(11)(c) gives the property to the surviving joint owner; the
TOD deed takes effect only if you are the last surviving joint owner.

Beneficiary survival and what passes

Under § 424(11), the beneficiary's interest "is contingent on the designated beneficiary
surviving the transferor," and one who "fails to survive the transferor lapses." If you name
more than one beneficiary, they take "in equal and undivided shares with no right of
survivorship" — New York does not let you set unequal percentages that override this. And if
one of several beneficiaries dies before you, that share "shall be transferred to the other,
or to the others" — it stays with your surviving named beneficiaries rather than passing to
the deceased beneficiary's own children. Whoever inherits takes the home "subject to all
conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests" of
record at your death, and "without covenant or warranty of title." The mortgage rides along
with the house.

Creditor and Medicaid reach

A TOD deed avoids probate; it does not put the home beyond your debts. During your life,
§ 424(10) says the deed does not "create a legal or equitable interest in favor of the
designated beneficiary" and leaves the property fully reachable by your creditors. After
you die, § 424(14) lets your estate reach the property: "to the extent the transferor's
probate estate is insufficient to satisfy an allowed claim against the estate or a statutory
allowance to a surviving spouse or child," the estate may enforce that liability against the
TOD-deed property. A creditor proceeding must be brought "no later than eighteen months after
the transferor's death."

New York's statute contains no exemption from Medicaid estate recovery — unlike Texas,
whose statute expressly keeps a TOD-deed home out of the estate for recovery purposes. So a
New York home passed by TOD deed may still be exposed to a Medicaid estate-recovery claim.
If Medicaid planning is your goal, talk to an elder-law attorney before relying on this deed.

What trips people up

• A will cannot revoke a recorded TOD deed. The statute says so directly ("You may not
  revoke the TOD deed by will," § 424(15)). Writing "I revoke my TOD deed" in your will does
  nothing; record a revocation form or a new deed instead.
• You need two witnesses, not just a notary. New York deeds are normally notarized but
  not witnessed, so people re-use an ordinary deed's signing block and leave the witness
  lines blank. Under § 424(7), two same-time witnesses and a notary are both required.
• Unrecorded means void. The deed has no effect unless it is recorded before you die.
  Record it right after notarizing.
• Joint-owner stalemates. With co-owners, revocation takes all of the living owners'
  agreement, and the deed does not take effect until the last owner dies — so a surviving
  co-owner can change or revoke a plan the deceased owner intended.

Common questions

Does my beneficiary have to know or agree? No. Under § 424(8) the deed is effective
"without notice or delivery to or acceptance by the designated beneficiary during the
transferor's life."

Can I name a backup beneficiary? Yes — the statutory form includes an optional alternate
beneficiary line, and if a named beneficiary predeceases you, § 424(11) shifts the share to
your other named beneficiaries.

I made a TOD deed in another state and then moved to New York. Is it good here? A TOD
deed works only for property in a state whose law allows it and only if it meets that state's
rules. For your New York home, use a New York § 424 deed executed to New York's requirements.

Is a TOD deed better than a living trust? They do different jobs. A § 424 deed is cheap
and simple for one property, but it forces equal shares among beneficiaries, offers no
incapacity planning, and does not shield the home from creditors or Medicaid recovery. A
trust can hold many assets, set unequal shares, and manage property if you become
incapacitated. Which fits depends on your situation.

Statutes and sources

• N.Y. Real Property Law § 424(3) (an individual may make a TOD deed) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(6) (capacity: same as to make a will) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(7) (requirements: two witnesses, notary, record before death) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(8) (no notice, delivery, acceptance, or consideration required) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(9) (revocation only by recorded instrument; joint owners) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(10) (no effect during life; creditors reach it) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(11) (survival, equal shares, lapse to co-beneficiaries, subject to liens, no warranty) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(12) (divorce revokes a former spouse's share per EPTL 5-1.4) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(14) (estate may reach the property for 18 months) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)
• N.Y. Real Property Law § 424(15) (statutory form: a will may not revoke the deed) — https://www.nysenate.gov/legislation/laws/RPP/424 (accessed 2026-07-11)