2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 424 - Transfer on Death Deed.

* § 424. Transfer  on  death deed. 1. Definitions. For the purposes of
this section the following terms shall have the following meanings:
(a) "Beneficiary" means a person who receives property in  a  transfer
on death deed.
(b)  "Designated  beneficiary"  means  a  person designated to receive
property in a transfer on death deed.
(c) "Joint owner" means an individual who owns  property  concurrently
with  one  or  more  other individuals with a right of survivorship. The
term includes a joint tenant, owner of community property with  a  right
of  survivorship and tenant by the entirety. The term does not include a
tenant in common or owner of  community  property  without  a  right  of
survivorship.
(d)  "Person"  includes  a  natural person, an association, board, any
corporation, whether municipal, stock or non-stock, court,  governmental
agency,  authority  or  subdivision,  partnership  or other firm and the
state.
(e) "Property" means an interest in  real  property  located  in  this
state which is transferable on the death of the owner.
(f)  "Transfer  on  death  deed"  means  a  deed authorized under this
section.
(g) "Transferor" means an individual who makes  a  transfer  on  death
deed.
2.  Nonexclusivity.  This  section  does  not  affect  any  method  of
transferring property otherwise permitted under the law of this state.
3. Transfer on death  deed  authorized.  An  individual  may  transfer
property  to  one  or  more  beneficiaries effective at the transferor's
death by a transfer on death deed.
4. Transfer on death deed revocable.  A  transfer  on  death  deed  is
revocable  even  if  the  deed or another instrument contains a contrary
provision.
5. Transfer on death deed nontestamentary. A transfer on death deed is
nontestamentary.
6. Capacity of transferor. The capacity required to make or  revoke  a
transfer  on  death  deed is the same as the capacity required to make a
will.
7. Requirements. A transfer on death deed:
(a) except as otherwise provided in this  subdivision,  shall  contain
the  essential  elements  and formalities of a properly recordable inter
vivos deed;
(b) shall state that the transfer to the designated beneficiary is  to
occur at the transferor's death;
(c) shall be signed by two witnesses who were present at the same time
and who witnessed the signing of the transfer on death deed;
(d) shall be acknowledged before a notary public; and
(e)  shall  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.
8.  Notice,  delivery,  acceptance,  consideration  not  required.   A
transfer on death deed shall be effective without:
(a)  notice or delivery to or acceptance by the designated beneficiary
during the transferor's life; or
(b) consideration.
9.  Revocation  by  instrument  authorized;  revocation  by  act   not
permitted.
(a)  Subject to paragraph (b) of this subdivision, an instrument shall
be effective to revoke a recorded transfer on death deed, or any part of
it, only if the instrument:
(1) is one of the following:
(A) a transfer on death deed that revokes the deed or part of the deed
expressly or by inconsistency;
(B)  an  instrument  of  revocation that expressly revokes the deed or
part of the deed; or
(C) an inter vivos deed that expressly revokes the transfer  on  death
deed or part of the deed; and
(2)  is acknowledged by the transferor after the acknowledgment of the
deed being revoked and recorded before the  transferor's  death  in  the
public records in the county clerk's office of the county where the deed
is recorded.
(b) If a transfer on death deed is made by more than one transferor:
(1)  revocation  by  a  transferor shall not affect the deed as to the
interest of another transferor; and
(2) a deed of joint owners shall only be revoked if it is  revoked  by
all of the living joint owners.
(c)  After  a  transfer  on  death  deed  is recorded, it shall not be
revoked by a revocatory act on the deed.
(d) This section shall not limit the effect of an inter vivos transfer
of the property.
10. Effect of transfer on death deed during transferor's life.  During
a transferor's life, a transfer on death deed shall not:
(a)  affect an interest or right of the transferor or any other owner,
including the right to transfer or encumber the property;
(b) affect  an  interest  or  right  of  a  transferee,  even  if  the
transferee has actual or constructive notice of the deed;
(c)  affect an interest or right of a secured or unsecured creditor or
future creditor of the transferor, even if the creditor  has  actual  or
constructive notice of the deed;
(d)  affect  the  transferor's or designated beneficiary's eligibility
for any form of public assistance;
(e) create a legal or equitable interest in favor  of  the  designated
beneficiary; or
(f)  subject  the  property  to claims or process of a creditor of the
designated beneficiary.
11. Effect of transfer on death deed at transferor's death. (a) Except
as otherwise provided in the transfer on death deed, in this section  or
in  any  other section of law which effects nonprobate transfers, on the
death of the transferor, the following rules apply to property  that  is
the  subject  of a transfer on death deed and owned by the transferor at
death:
(1) Subject to subparagraph two of this paragraph, the interest in the
property  shall  be  transferred  to  the  designated   beneficiary   in
accordance with the deed.
(2)  The  interest  of  a  designated beneficiary is contingent on the
designated beneficiary surviving  the  transferor.  The  interest  of  a
designated beneficiary that fails to survive the transferor lapses.
(3)  Subject  to  subparagraph  four  of  this  paragraph,  concurrent
interests shall  be  transferred  to  the  beneficiaries  in  equal  and
undivided shares with no right of survivorship.
(4)   If   the  transferor  has  identified  two  or  more  designated
beneficiaries to receive concurrent interests in the property, the share
of one which lapses or fails for any reason shall be transferred to  the
other,  or  to  the  others in proportion to the interest of each in the
remaining part of the property held concurrently.
(b) Subject to this chapter, a beneficiary takes the property  subject
to  all  conveyances,  encumbrances,  assignments, contracts, mortgages,
liens, and other interests to which  the  property  is  subject  at  the
transferor's death. For purposes of this paragraph and this chapter, the

recording of the transfer on death deed shall be deemed to have occurred
at the transferor's death.
(c)  If  a  transferor is a joint owner and is survived by one or more
other joint owners, the property that is the subject of  a  transfer  on
death  deed  shall  belong  to  the surviving joint owner or owners with
right of survivorship.
(d) If a transferor is a joint owner and is the last  surviving  joint
owner, the transfer on death deed shall be effective.
(e)  A  transfer  on death deed transfers property without covenant or
warranty of title even if the deed contains a contrary provision.
12. Applicability  of  invalidating  and  revocatory  principles.  (a)
Nothing  in  this  section  shall limit the application of principles of
fraud, undue influence, duress, mistake, or other invalidating cause  to
a transfer of property.
(b)  Divorce,  annulment  or declaration of nullity, or dissolution of
marriage, shall have the same effect on a  transfer  on  death  deed  as
outlined in section 5-1.4 of the estates, powers and trusts law.
13.  Renunciation.  A  beneficiary  may  renounce  all  or part of the
beneficiary's interest in  the  same  manner  as  if  the  interest  was
transferred in a will.
14. Liability for creditor claims and statutory allowances. (a) 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 the liability  against  property
transferred at the transferor's death by a transfer on death deed.
(b)  If  more than one property is transferred by one or more transfer
on death deeds, the liability under paragraph (a) of this subdivision is
apportioned among the properties in proportion to their  net  values  at
the transferor's death.
(c)  A  proceeding to enforce the liability under this section must be
commenced no later than eighteen months after the transferor's death.
15. Form of transfer on death deed. The following form may be used  to
create  a transfer on death deed. The other subdivisions of this section
shall govern the effect of this, or any other instrument used to  create
a transfer on death deed:
 
(front of form)
 
REVOCABLE TRANSFER ON DEATH DEED
 
NOTICE TO OWNER
You  should  carefully  read  all  information on the other side of this
form. You may want to consult a lawyer before using this form.
This form must be  recorded  before  your  death,  or  it  will  not  be
effective.
 
IDENTIFYING INFORMATION
Owner or Owners Making This Deed:
 
 
____________________________________________________
Printed name                Mailing address

____________________________________________________
Printed name              Mailing address
 
Legal description of the property:
 
 
____________________________________________________
 
PRIMARY BENEFICIARY
I designate the following beneficiary if the beneficiary survives me.
 
 
____________________________________________________
Printed name              Mailing address, if available
 
ALTERNATE BENEFICIARY - Optional
If my primary beneficiary does not survive me, I designate the following
alternate beneficiary if that beneficiary survives me.
 
 
____________________________________________________
Printed name              Mailing address, if available
 
TRANSFER ON DEATH
At  my  death,  I  transfer my interest in the described property to the
beneficiaries as designated above. Before my death, I have the right  to
revoke this deed.
 
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
____________________________________________________
Signature            Date
 
 
____________________________________________________
Signature            Date
 
SIGNATURE OF WITNESSES
 
 
____________________________________________________
Signature            Date

____________________________________________________
Signature            Date
 
 
____________________________________________________
 
NOTARY ACKNOWLEDGMENT
(insert notary acknowledgment for deed here)
 
(back of form)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
What does the Transfer on Death (TOD) deed do?
 
When you die, this deed transfers the described property, subject to any
liens  or  mortgages  (or  other  encumbrances)  on the property at your
death. Probate is not required. The TOD deed has  no  effect  until  you
die.  You  can  revoke it at any time. You are also free to transfer the
property to someone else during your lifetime. If you  do  not  own  any
interest in the property when you die, this deed will have no effect.
 
How do I make a TOD deed?
 
Complete  this form. Have it acknowledged before a notary public. Record
the form in each county where any part of the property is  located.  The
form  has  no  effect unless it is acknowledged and recorded before your
death.
 
Is the "legal description" of the property necessary?
 
Yes.
 
How do I find the "legal description" of the property?
 
This information may be on the deed you  received  when  you  became  an
owner  of  the  property.  This information may also be available in the
county clerk's office of the county where the property  is  located.  If
you are not absolutely sure, consult a lawyer.
 
Can I change my mind before I record the TOD deed?
 
Yes. If you have not yet recorded the deed and want to change your mind,
simply tear up or otherwise destroy the deed.
 
How do I "record" the TOD deed?
 
Take the completed and acknowledged form to the county clerk's office of
the  county where the property is located. Follow the instructions given
by the county clerk to make the  form  part  of  the  official  property
records.  If  the property is in more than one county, you should record
the deed in each county.
 
Can I later revoke the TOD deed if I change my mind?
 
Yes. You can revoke the TOD deed. No one, including  the  beneficiaries,
can prevent you from revoking the deed.

How do I revoke the TOD deed after it is recorded?
 
There are three ways to revoke a recorded TOD deed:
 
(1)  Complete  and  acknowledge  a revocation form and record it in each
county where the property is located.
 
(2) Complete and acknowledge a new TOD deed that disposes  of  the  same
property and record it in each county where the property is located.
 
(3)  Transfer  the  property  to  someone else during your lifetime by a
recorded deed that expressly revokes the TOD deed. You  may  not  revoke
the TOD deed by will.
 
I am being pressured to complete this form. What should I do?
 
Do  not  complete  this  form  under  pressure. Seek help from a trusted
family member, friend, or lawyer.
 
Do I need to tell the beneficiaries about the TOD deed?
 
No, but it is recommended. Secrecy can  cause  later  complications  and
might make it easier for others to commit fraud.
 
I have other questions about this form. What should I do?
 
This  form  is  designed to fit some but not all situations. If you have
other questions, you are encouraged to consult a lawyer.
 
16. Form of revocation. The following form may  be  used  to  create  an
instrument  of  revocation under this section. The other subdivisions of
this section shall govern the effect of this, or  any  other  instrument
used to revoke a transfer on death deed.
 
(front of form)
REVOCATION OF TRANSFER ON DEATH DEED
 
NOTICE TO OWNER
This  revocation  must  be  recorded  before  you die, or it will not be
effective. This revocation is effective only as to the interests in  the
property of owners who sign this revocation.
 
IDENTIFYING INFORMATION
Owner or Owners of Property Making This Revocation:
 
 
____________________________________________________
Printed name                Mailing address
 
 
____________________________________________________
Printed name                Mailing address

Legal description of the property:
 
 
____________________________________________________
 
REVOCATION
I revoke all my previous transfers of this property by transfer on death
deed.
 
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
 
 
____________________________________________________
Signature            Date
 
 
____________________________________________________
Signature            Date
 
SIGNATURE OF WITNESSES
 
 
____________________________________________________
Signature            Date
 
 
____________________________________________________
Signature            Date
 
NOTARY ACKNOWLEDGMENT
(insert notary acknowledgment here)
 
(back of form)
 
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
How do I use this form to revoke a Transfer on Death (TOD) deed?
 
Complete  this form. Have it acknowledged before a notary public. Record
the form in the public records in  the  county  clerk's  office  of  the
county  where the property is located. The form must be acknowledged and
recorded before your death, or it has no effect.
 
How do I find the "legal description" of the property?
 
This information may be on the TOD deed. It may also be available in the
county clerk's office of the county where the property  is  located.  If
you are not absolutely sure, consult a lawyer.

How do I "record" the form?
 
Take the completed and acknowledged form to the county clerk's office of
the  county where the property is located. Follow the instructions given
by the county clerk to make the  form  part  of  the  official  property
records.  If the property is located in more than one county, you should
record the form in each of those counties.
 
I am being pressured to complete this form. What should I do?
 
Do not complete this form under  pressure.  Seek  help  from  a  trusted
family member, friend, or lawyer.
 
I have other questions about this form. What should I do?
This  form  is  designed to fit some but not all situations. If you have
other questions, consult a lawyer.
* NB Effective July 19, 2024