All Laws Decoded

Quitclaim Deeds and Transferring Property in New York

How to sign and record a quitclaim or other deed in New York, and whether you can use a transfer-on-death deed to avoid probate.

Short answer: 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; N.Y. Real Prop. Law § 291; N.Y. Tax Law Article 31

Signing and recording a deedA 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.
Source: N.Y. Real Prop. Law § 291; N.Y. Tax Law Article 31
Transfer-on-death deedYes. 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

Official forms

Free New York quitclaim deed template — fill in and print

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FAQ

What does a quitclaim deed need to be valid in New York?
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.
Does New York allow transfer-on-death deeds?
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.

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.