Herkimer County Revocation of Transfer on Death Deed Form (New York)

The following New York and Herkimer County supplemental forms are included as a courtesy with your order:

When using these Revocation of Transfer on Death Deed forms, the subject real estate must be physically located in Herkimer County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Herkimer County include:

• Cold Brook
• Dolgeville
• Eagle Bay
• Frankfort
• Herkimer
• Ilion
• Jordanville
• Little Falls
• Middleville
• Mohawk
• Newport
• Old Forge
• Poland
• Salisbury Center
• Thendara
• Van Hornesville
• West Winfield

(How do I revoke the TOD deed after it is recorded?
There are three ways to revoke a recorded TOD deed:
(1) Complete and acknowledge a revocation form and record it in each county where the property is located.
(2) Complete and acknowledge a new TOD deed that disposes of the same property and record it in each county where the property is located.
(3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.) (Real Property (RPP) CHAPTER 50, ARTICLE 12 § 424(15))

Execution of Revocation: The revocation must be executed (signed) by the property owner in the presence of two witnesses and a Notary Public, similar to how the original TOD deed was executed.

Recording the Revocation: The revocation (whether via a new TOD deed or a revocation form) must be recorded in the County Clerk's office where the property is located, just like the original TOD deed. If the revocation is not recorded, it will not be valid.

Retain Control Until Revoked: The property owner retains full control over the property and can revoke the TOD deed at any time during their lifetime. However, after the owner's death, the TOD deed takes effect and cannot be revoked.

Important Considerations: Beneficiary Consent- The property owner does not need the consent of the beneficiary to revoke the TOD deed.

Automatic Revocation by Sale: If the property owner sells or transfers the property during their lifetime, this will also effectively revoke the TOD deed.

Our Promise

The documents you receive here will meet, or exceed, the Herkimer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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