TODD (Transfer of Death Deed)

New York State – Real Property Law §424

         Transfer on Death Deed Effective: July 19, 2024

Part of the New York State budget process in April 2024 included a bill which amended Real Property Law §424 to add a Transfer on Death Deed and associated Revocation.

Per the law, the Oneida County Clerk’s Office will be recording these documents as “Transfer of Death Deeds” or commonly known as “TODDs”. The requirements to record a deed in our office are as follows:

 1.) “shall be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed”.  

2.) Oneida County at this time will NOT be requiring the NYS forms:: TP-584, RP-5217 or IT-2663.

3.) Recording Fee: Standard recording fees apply $45 (recording fee), $5 (cover page), $5 per page, $0.50 cross reference with a revocation Recording Title: Deed-Transfer on Death Deed.   

As with implementation of any change in the law, information sometimes becomes available following the effective date. If there are any required changes, this will be communicated in the same manner of this notice. What remains to be determined is once a Grantor is deceased, how does the transfer of the property actually occur. At this point of implementation our Office is not able to make that determination.

It is our understanding that the Oneida County Supreme Court Law Library may have a template to be used when starting the process of filing the new Transfer of Death Deeds. Their contact info is 315-266-4570.