A house or land without probate in New York

Since July 19, 2024, an owner can sign a transfer on death deed so New York real estate passes to named beneficiaries at death without probate. The deed must be signed before two witnesses who are present at the same time, acknowledged before a notary, and recorded in the county clerk's office before the owner's death.

Checked against official sources: October 30, 2026.

Transfer-on-death (TOD) and payable-on-death (POD) in New York

Real estate (TOD deed)

Yes · Transfer on death deed

Since July 19, 2024, an owner can sign a transfer on death deed so New York real estate passes to named beneficiaries at death without probate. The deed must be signed before two witnesses who are present at the same time, acknowledged before a notary, and recorded in the county clerk's office before the owner's death. The owner can revoke it only by a recorded instrument. If the probate estate cannot pay allowed claims, the estate can collect from the property, but a proceeding must start within 18 months after the death.

Law: N.Y. Real Prop. Law sec. 424

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
Real estate in New York
Left out

Real estate is not counted and cannot be handled through the small estate procedure. Owning real estate does not stop you from using it for the personal property.

Law: SCPA 1301(1), 1302

Main home (primary residence)
Left out

The person's home (real estate) is not counted and is not handled by the small estate procedure.

Law: SCPA 1302

Surviving spouse in New York

A surviving spouse (or, if none, children under 21) is entitled to certain property set aside from the estate: household items up to $20,000, family books and pictures up to $2,500, farm animals and machinery up to $20,000, one car up to $25,000, and money up to $25,000 (reduced by any excess value of items taken). These items are not counted toward the $50,000 small estate limit. The spouse has first right to act as voluntary administrator when there is no will, and may collect up to $30,000 of money owed to the person on an affidavit without administration.

Who inherits with no will in New York

If there is no will: a spouse and children share it, with the spouse getting $50,000 plus half of the rest and the children (or their descendants) getting the other half. A spouse with no children gets everything. Children with no spouse get everything. If there is no spouse or child, it goes to the parents, then to brothers and sisters (and their descendants), then to grandparents and their children and grandchildren.

Law: N.Y. EPTL sec. 4-1.1

Source: Official page

Related pages

Free help in New York

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.