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New York Transfer on Death Deed

A New York transfer on death deed authorizes a property owner to transfer their real property interest immediately at the owner's death to a designated beneficiary without a probate proceeding.
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Requirements

  • Notary: Required.[1]
  • Witnesses: Two witnesses who are present at the same time.[2]
  • Recording: Before the owner’s death in the county where the property is located.[2]

Legal Description

A legal description provides a detailed and precise description of a property’s boundaries, location, and physical features. This can be found on the property deed or any other official document that conveys the property. It can also be obtained at the county clerk’s office.

Example

“Lot 4, Block 3 of the Park Subdivision, as the same is shown and designated on the plat of said subdivision filed for record in the office of the County Clerk of Queens County, New York, on October 11, 1978, in Map Book D-13, page 77 …”

How to Record

A transfer on death deed must be recorded before the transferor’s death to be valid.[2]

The transferor is not required to deliver or give notice of the TODD to any beneficiary.[3]