What this rule means
New York has not enacted a statutory transfer-on-death (TOD) deed — sometimes called a beneficiary deed — for real property. In the many states that have adopted one, an owner can record a deed naming a beneficiary who takes the property automatically at death, outside probate. New York is not one of those states. A TOD or beneficiary deed form drafted for another state has no legal effect on New York real estate, and recording one will not keep a home out of probate here.
This is a feature of New York law, not a gap in your paperwork. There is no form that creates a TOD deed where the legislature has not authorized one.
How New York homeowners keep a home out of probate instead
Because the TOD deed is unavailable, New York owners rely on other well-established tools:
- Survivorship titling. Holding the property in joint tenancy with right of survivorship — or, for married couples, tenancy by the entirety — lets the surviving co-owner take title automatically at the first owner's death, without probate. - Revocable living trust. Transferring the home into a living trust keeps it out of probate, addresses incapacity, and lets a successor trustee distribute it under the trust's terms. A trust can also hold more than one asset. - Beneficiary designations on other assets. Bank, brokerage, and retirement accounts can usually pass by payable-on-death or transfer-on-death designation even though real estate cannot.
Each option has trade-offs around control, taxes, and creditor exposure, so the right choice depends on the rest of your plan.
What you can do
- Do not rely on a TOD or beneficiary deed form downloaded for another state; it will not work on New York property. - If avoiding probate of your home is a goal, consider survivorship titling or a revocable living trust, and review how the home is currently titled. - Coordinate the home with the rest of your plan — a will, durable power of attorney, and healthcare directive — so nothing passes contrary to your intentions. - Because titling and trusts carry tax and creditor consequences, consider confirming the approach with a licensed New York attorney.
This page is general legal information, not legal advice, and does not create an attorney-client relationship.
Who this affects most
This rule matters most for New York homeowners who assumed a transfer-on-death deed was available, owners who hold real estate in their name alone, and anyone using DIY forms sourced from states that do offer a TOD deed. For these owners, the practical path to avoiding probate is survivorship titling or a living trust — not a TOD deed.