New York · Real Property Law §424New York transfer on death deed: witnesses, notary, recording before death

New York lets an individual transfer real property to one or more beneficiaries effective at death by a transfer on death deed (Real Prop. Law §424(3)). The deed must have the elements of a recordable deed, state that the transfer happens at the transferor's death, be signed by two witnesses who were present at the same time and saw the signing, be acknowledged before a notary, and be recorded in the county clerk's office before the transferor's death (§424(7)); no notice to, delivery to or acceptance by the beneficiary and no consideration are needed (§424(8)). It's revocable – only by a later transfer on death deed, an instrument of revocation or an inter vivos deed that expressly revokes it, acknowledged and recorded before death – and not by tearing up the deed (§424(4), (9)). During the owner's life it doesn't limit the owner's right to sell or mortgage; at death the beneficiary takes subject to the mortgages, liens and other interests then on the property, without any warranty of title, and if the transferor had a surviving joint owner, the property goes to the joint owner instead (§424(10)–(11)).