Probate and Recording Deeds in Manhattan (New York County), New York
Where to file a will or open probate, and where to record a deed, in Manhattan (New York County) — with the state rules that apply.
Recording deeds
NYC Department of Finance, Office of the City Register
E-recording: yes - e-recording through ACRIS - https://www.nyc.gov/site/finance/property/acris.page
New York rules that apply
| Small estate affidavit | New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death. |
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| Probate steps | File the original will and a probate petition in the Surrogate's Court; a named executor, a beneficiary, a creditor or another interested person may petition. Serve a citation on the decedent's distributees (legal heirs), the named executor, and anyone adversely affected by the will (and the State tax department for a non-resident decedent). After the will is admitted, the court issues letters testamentary. The executor gathers assets, pays debts and taxes, and distributes the estate, then accounts to the court or obtains releases. |
| Signing and recording a deed | A deed (including a quitclaim deed) must be acknowledged by the signer (before a notary or other officer) to be recorded. It is recorded with the county clerk (or the City Register in New York City) where the property is located; an unrecorded deed can lose priority to a later good-faith buyer who records first. New York State real estate transfer tax is $2 per $500 of consideration, generally paid by the seller, plus a 1% 'mansion tax' paid by the buyer on residences of $1 million or more; higher rates apply to some New York City transfers. Form TP-584 (TP-584-NYC in New York City) is filed with the deed within 15 days of delivery. Recording statute text: https://www.nysenate.gov/legislation/laws/RPP/291. |
| Transfer-on-death deed | Yes. An owner with the capacity needed to make a will may sign a transfer on death deed naming one or more beneficiaries. It must have the elements of a recordable deed, state that the transfer happens at the owner's death, be signed in front of two witnesses present at the same time, be acknowledged before a notary, and be recorded in the county clerk's office before the owner's death. It can be revoked only by a later recorded instrument (not by destroying it). The statute includes optional forms for the deed and a revocation. After death, the estate may reach the property if the probate estate cannot cover debts, but only within 18 months of death. Source: N.Y. Real Prop. Law § 424 |
All New York wills, probate and estate rules · Eviction court and tenant help in Manhattan (New York County)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.