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Commonly Asked Questions about Transfer on Death Deed

A Transfer on Death Deed can be a great way to ensure your loved ones or Beneficiaries get the inheritance you intend. It streamlines the process, allowing for a simple transfer of property ownership without the headache, cost and time that probate requires.
Upon the death of an owner of registered real property, it shall be incumbent upon the executor or administrator of the estate of the deceased, to present to the registrar a petition on the annexed form, for the transfer of title into the name of the executor or administrator, or upon filing of a deed executed by the
Common ways to hold or transfer property to avoid the New York probate process include: Living trusts. The State of New York allows residents to create a living trust for nearly any type of asset, including houses, properties, vehicles, and bank accounts. Co-ownership. Beneficiary designations.
Although a transfer on death deed appears to have simplicity, there are many shortcomings. The first of which is that, if the named beneficiary dies before the property owner does, the deed becomes invalid. The property could then fall into probate upon the owners death.
Which states allow transfer on death deeds? Alaska. Arizona. Arkansas. California. Colorado. District of Columbia. Hawaii. Illinois.
New York Real Property Law, Chapter 50, Article 12, Section 424. This law was adopted on April 28, 2024, providing an additional legal method to dispose of real property upon the death of the owners entitled a Transfer on Death Deed, referred to herein as a TOD deed.
About a week from now, on July 19, 2024, New York State will join 31 other states that allow Transfer on Death (TOD) deeds for real estate. So this can make a huge difference for individual home owners in their future planning. A TOD deed functions a lot like naming a beneficiary on a bank account.