Transfer-on-Death Deed

TRANSFER ON DEATH DEED

State of New York

Pursuant to N.Y. Real Property Law Section 424

NOTICE: THIS DEED DOES NOT TRANSFER OWNERSHIP UNTIL THE DEATH OF THE TRANSFEROR. THE TRANSFEROR RETAINS FULL POWER OVER THE PROPERTY DURING HIS OR HER LIFETIME, INCLUDING THE RIGHT TO SELL, MORTGAGE, ENCUMBER, OR REVOKE THIS DEED.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

TABLE OF CONTENTS

1. Transferor Information
2. Property Description
3. Transfer on Death Designation
4. Retained Rights During Lifetime
5. Revocation
6. Effect at Transferor's Death
7. Recording Requirements
8. Execution
9. Important Notices

ARTICLE I -- TRANSFEROR INFORMATION

Date of Execution: [__/__/____]

Transferor Name: [________________________________]

Transferor Date of Birth: [__/__/____]

Transferor Mailing Address:
[________________________________]
[________________________________]
[________________________________]

Transferor Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

Co-Transferor (if jointly owned):

Co-Transferor Name: [________________________________]

Co-Transferor Date of Birth: [__/__/____]

ARTICLE II -- PROPERTY DESCRIPTION

The Transferor hereby makes this Transfer on Death Deed covering the following described real property located in the County of [________________________________], State of New York:

Property Street Address:
[________________________________]
[________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE III -- TRANSFER ON DEATH DESIGNATION

Pursuant to N.Y. RPL Section 424.3, the Transferor hereby transfers to the designated beneficiary(ies) listed below all of the Transferor's interest in the above-described real property, effective only upon the death of the Transferor:

Section 3.1 -- Primary Designated Beneficiary(ies)

Total percentage must equal 100%.

Section 3.2 -- Survivorship Requirement

Under RPL Section 424.11(a)(2), the interest of a designated beneficiary is contingent on the beneficiary surviving the Transferor. If a designated beneficiary does not survive the Transferor, that beneficiary's interest lapses.

Section 3.3 -- Co-Ownership Among Multiple Beneficiaries

Under RPL Section 424.11(a)(3), concurrent interests are transferred in equal and undivided shares with no right of survivorship unless the Transferor specifies otherwise below:

☐ Tenants in Common (default under the statute)
☐ Joint Tenants with Right of Survivorship

ARTICLE IV -- RETAINED RIGHTS DURING LIFETIME

Pursuant to RPL Section 424.10, this Transfer on Death Deed does not:

1. Affect an interest or right of the Transferor or any other owner, including the right to transfer or encumber the property;
2. Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
3. Affect an interest or right of any creditor of the Transferor;
4. Affect the Transferor's or beneficiary's eligibility for any form of public assistance;
5. Create a legal or equitable interest in favor of the designated beneficiary;
6. Subject the property to claims or process of a creditor of the designated beneficiary.

ARTICLE V -- REVOCATION

Section 5.1 -- Right to Revoke

Pursuant to RPL Section 424.4, this Deed is revocable even if the Deed or another instrument contains a contrary provision.

Section 5.2 -- Methods of Revocation (RPL Section 424.9)

This Deed may be revoked by an instrument that:

1. Is a new Transfer on Death Deed that revokes this Deed expressly or by inconsistency;
2. Is an instrument of revocation that expressly revokes this Deed; or
3. Is an inter vivos deed that expressly revokes this Deed;

AND is acknowledged by the Transferor after the acknowledgment of this Deed and recorded before the Transferor's death.

Section 5.3 -- Ineffective Methods

After recording, this Deed may not be revoked by a revocatory act on the deed (e.g., tearing, burning, or destroying).

ARTICLE VI -- EFFECT AT TRANSFEROR'S DEATH

Pursuant to RPL Section 424.11:

1. The property is transferred to the designated beneficiary(ies) in accordance with this Deed;
2. The beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests at the Transferor's death;
3. A Transfer on Death Deed transfers property without covenant or warranty of title;
4. If the Transferor is a joint owner and is survived by other joint owners, the property belongs to the surviving joint owners;
5. The estate may enforce liability against the transferred property if the probate estate is insufficient to satisfy allowed claims (RPL Section 424.14).

ARTICLE VII -- RECORDING REQUIREMENTS

Section 7.1 -- Mandatory Recording Before Death

This Deed must be recorded before the Transferor's death in the County Clerk's office of the county where the property is located. An unrecorded deed is void.

Section 7.2 -- After Death Filing

Upon the Transferor's death, the designated beneficiary should file with the County Clerk:

1. A certified copy of the Transferor's death certificate;
2. An affidavit of survivorship or heirship as applicable.

ARTICLE VIII -- EXECUTION

Section 8.1 -- Transferor Signature

I, the undersigned Transferor, declare that I am executing this Transfer on Death Deed voluntarily, that I have the capacity required under N.Y. RPL Section 424.6 (the same capacity required to make a will under EPTL 3-1.1), and that I understand this Deed will transfer my interest in the above-described property to the designated beneficiary(ies) upon my death.

Transferor Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Co-Transferor Signature (if applicable): ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 8.2 -- Witnesses

Witness 1:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Witness 2:

Signature: ________________________________

Printed Name: [________________________________]

Address: [________________________________]

Date: [__/__/____]

Section 8.3 -- Notary Acknowledgment

STATE OF NEW YORK
COUNTY OF [________________________________]

On the [____] day of [________________], 20[____], before me, the undersigned, personally appeared [________________________________], personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

ARTICLE IX -- IMPORTANT NOTICES

Notice to Transferor

1. This Deed must be recorded before your death in the County Clerk's office, or it has no effect.
2. Two witnesses AND notarization are required for a valid TOD deed in New York.
3. This Deed does not transfer any interest during your lifetime.
4. You may revoke this Deed at any time by recording a proper revocation instrument.
5. A will does not revoke this Deed. This Deed controls over conflicting will provisions.
6. Divorce automatically voids the beneficiary designation of your former spouse (EPTL 5-1.4).
7. This Deed does not protect the property from Medicaid estate recovery claims.
8. Consult an attorney regarding New York estate tax implications and creditor claims.

Notice to Beneficiary

1. You have no rights to the property during the Transferor's lifetime.
2. The Transferor may sell, mortgage, or revoke this Deed without your knowledge or consent.
3. You receive the property without covenant or warranty of title.
4. You may be liable for claims against the Transferor's estate if the probate estate is insufficient.
5. You may renounce all or part of your interest as provided under New York law.

CHECKLIST FOR COMPLETION

☐ All Transferor information completed in Article I
☐ Full legal description of property included in Article II
☐ At least one primary beneficiary designated in Article III
☐ Form of co-ownership selected if multiple beneficiaries
☐ Deed signed by Transferor
☐ Deed witnessed by TWO witnesses (required under RPL 424.7)
☐ Notary acknowledgment completed with seal
☐ Deed recorded with County Clerk before Transferor's death
☐ Copy retained by Transferor for personal records
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• N.Y. Real Property Law Section 424 -- Transfer on Death Deed
• N.Y. RPL Section 424.3 -- TOD Deed Authorized
• N.Y. RPL Section 424.4 -- Revocable
• N.Y. RPL Section 424.5 -- Nontestamentary
• N.Y. RPL Section 424.6 -- Capacity
• N.Y. RPL Section 424.7 -- Requirements (notarization + two witnesses)
• N.Y. RPL Section 424.9 -- Revocation
• N.Y. RPL Section 424.10 -- Effect During Transferor's Life
• N.Y. RPL Section 424.11 -- Effect at Transferor's Death
• N.Y. RPL Section 424.14 -- Liability for Creditor Claims
• N.Y. EPTL Section 3-1.1 -- Capacity to Make a Will
• N.Y. EPTL Section 5-1.4 -- Effect of Divorce on Dispositions
• NYSBA, "New York Now Allows Transfer on Death Deeds" (Dec. 10, 2024)
• Uniform Real Property Transfer on Death Act (2009), Uniform Law Commission