The House That Skips Probate
Real Prop. Law § 424 — two witnesses, a notary, and recorded with the county clerk before death
In New York, an individual may transfer real property to one or more beneficiaries, effective at death, by a transfer on death deed. It is revocable even if the deed or another instrument says otherwise, and the capacity to make or revoke one is the capacity to make a will.
| The requirement | The statute's answer |
|---|---|
| The requirementFormalities | The statute's answerThose of a recordable deed |
| The requirementWhat it states | The statute's answerThat the transfer is to occur at the transferor's death |
| The requirementWitnesses | The statute's answerTwo, present at the same time, who witnessed the signing |
| The requirementNotary | The statute's answerAcknowledged before a notary public |
| The requirementRecording | The statute's answerIn the county clerk's office where the property is, before the transferor's death |
Nothing changes during life. The deed does not affect the transferor's right to sell or mortgage the property, creditors' rights, or eligibility for public assistance, and creates no interest for the beneficiary. No notice, delivery, acceptance or consideration is needed.
Revoking it. Only a later transfer on death deed, an instrument of revocation, or an inter vivos deed that expressly revokes it, acknowledged after the original and recorded before the death. Tearing up a recorded deed does not revoke it.
At death. A beneficiary must survive the transferor; two or more take equal shares with no right of survivorship, subject to the mortgages, liens and other interests on the property. If the probate estate cannot pay allowed claims, the estate may reach the property, in a proceeding commenced no later than eighteen months after the death.
The statutory forms for the deed and for a revocation are in the section itself. Whether a deed is right for a particular family, and how to prepare and record it, are questions for a licensed New York attorney.
Sources for this section (1)
- Real Prop. Law § 424 — Transfer on death deed
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.