Estate · Transfer-on-Death Deed
Transfer-on-Death Deed in New York
Whether New York lets you pass a home with a transfer-on-death deed, the formalities that make it valid, the Medicaid and creditor exceptions, and the workaround if it is not allowed. Cited to the statute or the controlling practice.
The rules and exceptions in New York
What makes the deed valid here, when it does not work, and the Medicaid and creditor details that matter.
| The rule in this state | What it means |
|---|---|
| Two witnesses required | The deed must be signed by two witnesses who were present at the same time and who witnessed the signing (§424(7)(c)). This will-style requirement is unusual among transfer-on-death states. |
| Notarized | The deed must be acknowledged before a notary public (§424(7)(d)), in addition to being witnessed. |
| Recorded before death | The deed must be recorded before the transferor’s death in the county clerk’s office where the property sits (§424(7)(e)). A deed recorded after death is ineffective. |
| Capacity of a will | The capacity to make or revoke the deed is the same capacity required to make a will (§424(6)), and it must state that the transfer occurs at death. |
| Key details and exceptions | What it means |
|---|---|
| Fully revocable | The deed is revocable even if it or another instrument says otherwise (§424(4)), and the owner keeps full lifetime rights to sell, encumber, or revoke. It cannot be revoked by will. |
| New and still settling | Because the law took effect in mid-2024, title insurers and county clerks are still building practice around it, and several New York firms suggest a revocable trust may be safer for now. |
| Medicaid estate recovery | New York has aggressive Medicaid estate recovery that can reach non-probate assets, so this deed does not reliably shield the home from recovery. |
| The two-witness pitfall | Unlike most transfer-on-death states, a notarized-but-unwitnessed New York deed is void. This is the most common expected drafting error. |
What you can do right now
Concrete, neutral steps to pass a home outside probate in New York. This is legal information, not legal advice.
- Sign before two witnesses and a notary
New York requires two witnesses present at the same time, plus a notary. A deed that is notarized but not witnessed is void, so do not skip the witnesses.
- Record it before death
File the deed with the county clerk before the owner dies. A transfer-on-death deed recorded after death has no effect.
- Consider a trust while the law is new
Because the statute took effect in mid-2024, practice is still forming. If certainty matters, compare the deed to a revocable trust with an attorney.
- Talk to a New York estate attorney about Medicaid
New York’s Medicaid recovery is aggressive and can reach non-probate assets, so the deed may not shield the home. A licensed New York estate attorney can advise. The State Bar can refer you to one.
A deed that misses a witnessing or recording rule can be void, and Medicaid recovery can undo the plan. This resource can connect you with a licensed estate attorney.
→ New York State Bar — Lawyer ReferralThis is general legal information, not legal advice. Witnessing rules, recording deadlines, Medicaid recovery, and spousal rights can change the answer, so confirm your plan with a licensed attorney.
What people get wrong about New York TOD deeds
New York only recently joined the states that allow a transfer-on-death deed. The law took effect on July 19, 2024, so any older source saying New York has no such deed is out of date. Under Real Property Law §424 you can name a beneficiary who takes the property at your death, outside probate, while you keep full control during life. The catch that trips people up is the witnesses: unlike most transfer-on-death states, New York requires two witnesses present at the same time, in addition to a notary, and a notarized-but-unwitnessed deed is void. The capacity needed is the same as for a will, and the deed must be recorded before you die. Two practical cautions: because the statute is new, title insurers and county clerks are still working out practice, and some attorneys still favor a revocable trust for certainty. And New York’s aggressive Medicaid estate recovery can reach non-probate assets, so the deed does not reliably protect the home from recovery.
Common questions
Can I use a transfer-on-death deed in New York?
Yes, as of July 19, 2024. New York now allows a transfer-on-death deed under Real Property Law §424. Older sources saying New York has none are out of date.
Does a New York TOD deed need witnesses?
Yes. It must be signed by two witnesses present at the same time, plus acknowledged before a notary. A notarized-but-unwitnessed deed is void, which is the most common mistake.
Is a transfer-on-death deed or a trust better in New York?
It depends. The deed is simpler, but because the law is new some attorneys still favor a revocable trust for certainty, and a trust can better address New York’s aggressive Medicaid recovery. Compare them with an attorney.
Does a New York TOD deed protect against Medicaid recovery?
Not reliably. New York’s Medicaid estate recovery can reach non-probate assets, so a transfer-on-death deed does not automatically shield the home. Weigh it against a trust for that purpose.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.