Erie County Transfer on Death Deed Form (New York)
All Erie County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Deed Form
Fill in the blank Transfer on Death Deed form formatted to comply with all New York recording and content requirements.
Included Erie County compliant document last validated/updated 10/1/2024
Transfer on Death Deed Guide
Line by line guide explaining every blank on the Transfer on Death Deed form.
Included Erie County compliant document last validated/updated 10/1/2024
Completed Example of the Transfer on Death Deed Document
Example of a properly completed New York Transfer on Death Deed document for reference.
Included Erie County compliant document last validated/updated 10/1/2024
The following New York and Erie County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Deed forms, the subject real estate must be physically located in Erie County. The executed documents should then be recorded in the following office:
Erie County Clerk's Office
92 Franklin Street, Buffalo, New York 14202
Hours: 9:00am to 5:00pm M-F (be in line by 4:15pm)
Phone: (716) 858-8785
Local jurisdictions located in Erie County include:
- Akron
- Alden
- Angola
- Athol Springs
- Boston
- Bowmansville
- Brant
- Buffalo
- Chaffee
- Clarence
- Clarence Center
- Colden
- Collins
- Collins Center
- Crittenden
- Depew
- Derby
- East Amherst
- East Aurora
- East Concord
- Eden
- Elma
- Farnham
- Getzville
- Glenwood
- Grand Island
- Hamburg
- Holland
- Lake View
- Lancaster
- Lawtons
- Marilla
- North Boston
- North Collins
- North Evans
- Orchard Park
- Sardinia
- South Wales
- Spring Brook
- Springville
- Tonawanda
- Wales Center
- West Falls
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Erie County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Erie County using our eRecording service.
Are these forms guaranteed to be recordable in Erie County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Erie County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Erie County that you need to transfer you would only need to order our forms once for all of your properties in Erie County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Erie County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Erie County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
To use the Transfer on Death (TOD) Deed under New York’s Real Property Law (RPP) CHAPTER 50, ARTICLE 12 § 424 (effective July 19, 2024), follow these steps:
1. Complete the TOD Deed
Designate a beneficiary: Clearly name the individual or entity (such as a charity or trust) who will inherit your property upon your death.
Include contingent beneficiaries if desired (NOT required). These are backup beneficiaries who would inherit the property if your primary beneficiary cannot (e.g., if they predecease you). Ensure the deed is filled out correctly, including the legal description of the property.
2. Execute the TOD Deed: The TOD deed must be signed by the property owner (the transferor) in the presence of two witnesses and a Notary Public. The witnesses should not be the beneficiaries themselves, as this could raise legal issues.
3. Record the TOD Deed: The completed deed must be recorded with the County Clerk's office where the property is located during your lifetime. Recording the deed is crucial because, without it, the transfer will not be valid upon your death.
4. Retain Ownership During Lifetime: After recording the TOD deed, you retain full control of the property during your lifetime. You can still sell, mortgage, or revoke the TOD deed at any time.
If you change your mind, you can revoke the TOD deed by filing a revocation form or executing a new TOD deed, which automatically invalidates the previous one.
5. Upon Your Death: Upon your death, the property automatically transfers to the designated beneficiary without going through probate.
Key points about when it takes effect:
Timing of Transfer: The deed only takes effect upon the death of the property owner. Until then, the owner retains full control over the property and can revoke or change the TOD deed at any time.
Recording Requirement: For the TOD deed to be valid, it must be recorded with the county clerk during the property owner's lifetime. If the deed is not recorded before death, it will not be effective.
Probate Avoidance: By using a TOD deed, the property passes directly to the named beneficiary without going through probate, simplifying the transfer process and reducing legal costs.
Our Promise
The documents you receive here will meet, or exceed, the Erie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Erie County Transfer on Death Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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September 2nd, 2022
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LEON S.
November 16th, 2019
recorded deed space to small for corrective deed requirement
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June 17th, 2023
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October 21st, 2020
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January 27th, 2023
The form I needed was correct and paginated as required. It was accepted w/o penalties. I was not happy about the information which I found way too scant. One sample form does not cover enough possibilities, more would be helpful. The instruction page is a bit better but sometimes it is not clear enough - sometimes it is not clear what the numbered items in the form correspond to. There is no guidance about the process and it would take very little to provide it. Example about "description", say where to find. There is a bunch of "free forms" attached but no guide on which are needed and when. Example: at the counter I was given a paper "conveyance" form and asked to fill it - I did not know it was needed and what it did and so I had not d
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August 21st, 2021
The forms were very easy to use. However, the Mercer County cover page is an older version. You can find the recent version on the county website.
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