Transfer on Death Deed

Effective July 19, 2024: New York now permits Transfer-on-Death deeds (“TOD Deed”) for real property codified at Real Property Law §424. This deed is an effective vehicle to transfer real estate ownership upon death while maintaining full control and avoiding probate. For property owners seeking to avoid probate or simplify estate administration, a TOD Deed can be a strategic tool if drafted and recorded correctly. Our firm prepares and reviews TOD Deeds for accuracy, compliance, and alignment with each client’s estate plan.

SERVICES

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    PURPOSE & BENEFITS
    A TOD Deed gives property owners the ability to name beneficiaries who will automatically receive title after death. The owner keeps all rights during life, including the right to sell, refinance, or revoke the deed at any time.

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    DRAFTING & RECORDING REQUIREMENTS
    New York’s estate laws require precise language and formal recording for a TOD Deed to be valid. Any mistakes in the deed or failure to file correctly with the county clerk can void the transfer. Each deed is reviewed for legal sufficiency and recorded to ensure enforceability.

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    TOD DEEDS & OTHER TRANSFER METHODS
    While a TOD Deed bypasses probate, it is not always the right solution for every estate. Other tools—such as living trusts or joint tenancy—may offer different levels of flexibility or protection. Selecting the right method depends on the client’s goals, asset mix, and overall estate strategy.

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    COMMON ISSUES & DISPUTES
    Improperly executed TOD Deeds often cause confusion among heirs or beneficiaries. Ambiguous language, conflicting wills, or revoked deeds can lead to litigation or title complications. Early legal review prevents future disputes and ensures the intended transfer takes effect smoothly.

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    INTEGRATION WITH ESTATE PLANNING
    A TOD Deed should never exist in isolation. It must align with wills, trusts, and beneficiary designations to prevent conflict between estate documents.