As of July 19, 2024, there is now a new deed type in New York State and it is already impacting homeownership and estate planning.

Simply, this new "Transfer on Death Deed Law," eliminates the need for probating real estate, is much less expensive than a trust, and is revocable, unlike a life estate with a remainder interest. In fact, all it takes is a recorded deed form, that was signed before two witnesses, and notarized. The form can be found here.

By executing a Transfer on Death Deed, property owners, including individual and joint owners of real property as well as corporations, can now initiate the automatic transfer of real property upon their death without needing to execute a will, trust, or life estate deed.

Per the statue, a Transfer on Death Deed must include:

(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.