Herkimer County 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 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

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 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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