How to Transfer a Deed in NYC: Forms, Taxes and Family Transfers

Learning how to transfer a deed in NYC usually starts with a life event, not a sale. A parent wants to add a child to the house. A couple marries, divorces or wants the home in a trust. A widow or widower finds the deed still lists both names. An owner wants to make sure the house passes to the family without a long court process. Each of these is a deed transfer, and each one runs through the same city system with the same tax returns, even when no money changes hands.

I have worked with buyers and sellers in Queens, Brooklyn and Long Island for 15+ years, in English and Polish, and deed questions come up constantly before a sale: whose name is on the deed, whether a parent’s transfer to a child was recorded correctly, and what the family owes in tax. I am not an attorney, and preparing a deed is legal work. This guide explains the process, the forms, the costs and the traps, so you can have a better conversation with your attorney and avoid a problem that shows up years later, when you try to sell.

How to transfer a deed in NYC: the process at a glance

Every voluntary deed transfer in Manhattan, the Bronx, Brooklyn and Queens follows the same basic path. The details change with the reason for the transfer, but the order of the steps does not.

1. Confirm the current owner and the exact legal description. Pull the last recorded deed from ACRIS, the city’s online land records system, and check the names, the borough, block and lot, and the description of the property.
2. Choose the type of deed and the form of ownership. A sale, a gift to a child, a transfer to a spouse and a transfer into a trust can each call for a different deed and different wording.
3. Check the mortgage, insurance and exemptions. Before anyone signs, find out what the transfer does to the loan, the homeowners policy, the title insurance and any property tax exemption.
4. Prepare the deed and the tax returns. The deed, the city Real Property Transfer Tax return, the state transfer tax return and the state Real Property Transfer Report are prepared together.
5. Sign before a notary. The person giving the property, called the grantor, signs the deed and has the signature acknowledged.
6. Record and pay within 30 days. The package is submitted to the City Register with the recording fees and any transfer tax due.
7. Follow up. Update the homeowners insurance, apply again for any tax exemption that does not carry over, and sign up for the city’s free deed alerts.

Staten Island and the suburbs work differently

Staten Island deeds are recorded with the Richmond County Clerk rather than through ACRIS. In Nassau and Suffolk counties, deeds are recorded with the county clerk, which has its own forms and fees. The ideas in this guide still apply, but the filing office and the paperwork are local.

What a deed is, and what it is not

A deed is the signed document that moves ownership of real property from one person or entity to another. Once it is recorded, it becomes part of the public land records and puts the world on notice of who owns the house. Title is the ownership itself. The deed is the paper that proves how title moved.

A deed is not the mortgage

The mortgage is a separate document that pledges the house as security for a loan. Transferring the deed does not pay off the mortgage, does not remove the borrower’s name from the loan, and does not move the loan to the new owner. The lender still holds its lien, and the original borrower is still responsible for the debt unless the lender agrees otherwise in writing.

Co-ops do not have deeds

If you own a co-op apartment, you own shares in a corporation and hold a proprietary lease, not a deed. Transferring a co-op, even to a family member, goes through the co-op board and the managing agent under the building’s own rules, and usually requires board consent. Our guide to the co-op board approval process in NYC explains that side. Condo units, by contrast, are real property and are transferred by deed like a house.

Recording is what protects the new owner

A deed can be valid between the parties even before it is recorded, but an unrecorded deed leaves the new owner exposed. Until the deed appears in the public records, a later buyer or lender who does not know about it may be protected ahead of the new owner. Recording promptly is the step that turns a private document into public proof.

The types of deeds used in New York

New York law includes statutory short forms of deeds, and attorneys in the city mostly work from a handful of them. The choice depends on what promises the grantor is willing to make about the title.

Why a quitclaim deed is not a shortcut

Quitclaim deeds are popular online because they look simple. In practice, they give the new owner no promise about the title, and title companies may look at them closely when the house is later sold. For transfers inside a family, many attorneys use a bargain and sale deed instead. The right choice is a legal decision, and it should be made before the paperwork is drafted.

Wording matters as much as the form

The form of ownership is written into the deed. “To John and Mary, as tenants in common” creates a different result from “as joint tenants with right of survivorship.” Under New York law, a deed to a married couple is presumed to create a tenancy by the entirety, a form of ownership only spouses can hold, unless the deed says otherwise. A few words in the granting clause decide what happens when one owner dies.

Common reasons owners transfer a deed

Most deed transfers in Queens are not sales. They are family and planning moves, and each has its own checklist.

Adding a spouse or partner

An owner who bought before marriage often wants to add a spouse. The new deed names both, and the form of ownership has to be chosen. Married couples usually take as tenants by the entirety. Unmarried partners choose between joint tenancy and tenancy in common.

Removing a spouse after a divorce

A divorce judgment or settlement may award the house to one spouse, but the old deed still lists both names until a new deed is signed and recorded. The spouse leaving the house signs a deed to the other. The mortgage is a separate matter; the departing spouse usually stays on the loan unless it is refinanced or the lender releases them.

Giving the house to a child

Parents sometimes deed the house, or a share of it, to a child while they are still living. This is the transfer with the most hidden consequences, from taxes on a future sale to the loss of a senior exemption. It deserves its own section, and it gets one below.

Moving the house into a trust or an LLC

A transfer into a revocable living trust is a common estate planning step. Transfers into an LLC are more common with rental property. Both change the name on the deed, and both can affect the mortgage, insurance and exemptions in different ways.

After an owner dies

When one joint owner with survivorship rights dies, the survivor owns the house by operation of law, and no new deed is needed at that moment. When a sole owner dies, the house usually passes through the estate, and an executor’s or administrator’s deed is used later. Our guide on selling an inherited house in New York explains that path, and our probate page covers the court side.

Step by step: recording a deed through ACRIS

ACRIS, the Automated City Register Information System, is the New York City Department of Finance’s system for recording and searching property documents in Manhattan, the Bronx, Brooklyn and Queens. It is also where the forms for a deed transfer are prepared.

Step 1: Gather the property information

You need the borough, block and lot number, often shortened to BBL, the property address, the exact names of the current owners as they appear on the last deed, and the legal description from that deed. A mismatch between the names on the old deed and the new one is one of the most common reasons a transfer is questioned later.

Step 2: Prepare the deed

The deed names the grantor and the grantee, describes the property, states the consideration, meaning what is paid for it, and contains the signature and notary acknowledgment. In a family transfer, the consideration may be stated as nominal, but it must be accurate on the tax forms.

Step 3: Prepare the forms in ACRIS

ACRIS walks the filer through a cover page and the tax forms. For a New York City deed, that includes the city Real Property Transfer Tax return and the state forms for the real estate transfer tax and the Real Property Transfer Report, which the state assessor’s office uses to track sales. For one- and two-family houses, an affidavit that the home has working smoke and carbon monoxide detectors is filed with the deed. The system generates the documents for signature.

Step 4: Sign and acknowledge

The grantor signs the deed in front of a notary public. The grantor and grantee, or their attorneys, sign the tax returns. If a grantor lives outside New York, the acknowledgment must meet New York’s rules for out-of-state signatures, which an attorney handles.

Step 5: Submit, pay and record

The signed package goes to the City Register with the recording fees and any tax due. Under the city’s rules, the transfer tax return must be filed and any tax paid within 30 days after the transfer. After recording, the deed receives a document ID in ACRIS, and the image becomes searchable.

Step 6: Keep the recorded copy

Keep the recorded deed with your other house papers. When you sell, your attorney and the buyer’s title company will look at it first. A clean, correctly recorded deed is one of the simplest ways to keep a later sale on schedule; our guide on how long it takes to close on a house in NYC shows where title problems slow a closing down.

The taxes on a deed transfer in NYC

Two transfer taxes apply to most New York City deeds: the city’s Real Property Transfer Tax and New York State’s real estate transfer tax. A third, the mansion tax, applies to some purchases. All three are measured by consideration, which is why family gifts are treated so differently from sales.

The city Real Property Transfer Tax

According to the city’s Real Property Transfer Tax page, transfers of one-, two- and three-family houses, individual condo units and co-op apartments are taxed at 1% when the consideration is $500,000 or less and 1.425% when it is more. Other property is taxed at 1.425% or 2.625%. The rate applies to the whole amount, not only the part above $500,000.

Gifts and transfers for no consideration

A true gift, with nothing paid, often results in little or no transfer tax, because the taxes are based on consideration. The city is clear, though, that the return must still be filed within 30 days even when no tax is due. Skipping the return because “nothing was paid” is a common mistake.

The mortgage can count as consideration

Here is the trap. If the house carries a mortgage and the new owner takes it subject to that loan, the outstanding balance can be treated as consideration for transfer tax purposes. A parent who “gifts” a house with a large mortgage to a child may find that tax is due after all. Have your attorney run the numbers before signing.

Exempt transfers

The city lists certain transfers as exempt but still reportable, including some deeds by an executor carrying out the terms of a will and transfers that are a mere change of identity or form of ownership, where the beneficial owners stay the same. A deed by an executor as part of a sale is taxable. For how these taxes fit into a full sale budget, see our guide to Queens closing costs.

How much does it cost to transfer a deed in NY?

People ask how much it costs to transfer a deed in NY expecting a single number. The real cost is a stack of small and large items, and the largest are usually taxes and professional fees rather than the recording itself.

Recording fees

The Department of Finance’s ACRIS recording fee schedule lists real estate documents at $32 plus $5 per page plus $5 for the cover page, with extra charges for additional blocks and lots and higher fees for documents printed in very small type. A short deed costs well under $100 to record.

The Real Property Transfer Report fee

New York State charges a filing fee for the Real Property Transfer Report that accompanies every deed. The state fee is $125 for qualifying residential and farm property and $250 for other property.

Professional fees

Attorney fees for a deed transfer vary with the work involved. A simple transfer between spouses is different from a transfer into a trust or a transfer that needs a tax analysis. A title search is often worth ordering even in a family transfer, to make sure the grantor really holds clear title and there are no open liens.

The cost no one quotes: the future tax bill

The biggest financial effect of a family transfer often shows up years later, when the house is sold and capital gains tax is calculated. That is covered in the section on gifting below, and in our guide to capital gains tax on the sale of a home in New York.

Adding or removing a name on the deed

Adding or removing a name is the most common family transfer, and the most common source of later regret. The new deed decides who owns what share and what happens when one owner dies.

The three forms of shared ownership

Adding a child is a gift of a share now

When a parent adds a child to the deed, the child owns a share immediately. That share can be reached by the child’s creditors, can be pulled into the child’s divorce, and requires the child’s signature to sell or refinance. If the parent later wants to sell and move, the child has to agree and sign.

Removing someone requires their signature

You cannot remove a co-owner from a deed on your own. The person leaving must sign a deed giving up their interest, or a court must order the change, as in a divorce judgment or a partition action. A deed signed by only one owner cannot take away the other owner’s share.

When a name is spelled wrong

Misspelled names, missing middle initials and wrong legal descriptions are fixed with a correction deed or a confirmatory deed, recorded the same way. It is much easier to fix these while everyone is alive and available than in the middle of a sale.

Gifting a house to your children vs. leaving it to them

Many Queens owners ask whether they should put the house in their children’s names now. The honest answer is that a lifetime gift and an inheritance are taxed very differently, and the difference can be large.

Cost basis follows the gift

Under federal tax rules, a person who receives property as a gift generally takes the giver’s cost basis, meaning what the parent paid plus improvements. A person who inherits property generally receives a basis equal to its fair market value on the date of death. On a house bought decades ago, the gap between those two numbers can turn into a large capital gain if the child sells after a lifetime gift, and a much smaller one, or none, if the child sells after inheriting.

Gift tax filing

A gift of a house, or a share of one, above the federal annual exclusion amount generally requires the parent to file a federal gift tax return, even when no tax is owed. The return reports the value, which is one reason families often get an opinion of value or an appraisal at the time of the gift.

Medicaid and long-term care

Medicaid rules for nursing home care look back at transfers made during the five years before an application. A gift of a house in that window can delay eligibility. This is a specialized field, and an elder law attorney should be part of any decision to deed a house to children for this reason.

The parent’s home sale exclusion

A parent who owns and lives in the house may qualify for the federal exclusion of gain on the sale of a main home. A child who receives the house as a gift and does not live there would not. If the real plan is to sell, it is worth comparing a sale by the parent with a gift followed by a sale, before any deed is signed.

The transfer on death deed in New York

Since July 19, 2024, New York owners have had a new option: the transfer on death deed. It lets an owner name who receives the house at death, while keeping full ownership and control during life, and the property passes outside of probate.

How a transfer on death deed NYC owners can use works

The rules are in New York Real Property Law section 424. The owner signs a deed that states the transfer happens at death. The beneficiary does not need to be told, does not need to accept, and pays nothing. During the owner’s life, the deed does not give the beneficiary any interest, and the owner can still sell, refinance or change their mind.

The formalities are strict

• The owner needs the same mental capacity required to make a will.
• Two witnesses must be present at the same time and see the signing.
• The signature must be acknowledged before a notary.
• The deed must be recorded before the owner dies, or it has no effect.

How it can be changed or revoked

A recorded transfer on death deed can be revoked only by a later transfer on death deed, a recorded revocation, or a regular deed that expressly revokes it, recorded before death. The statutory form warns that it cannot be revoked by a will. Writing “void” across the original does not revoke a recorded deed.

What it does not do

The beneficiary takes the house subject to any mortgage and liens. If the owner’s estate cannot pay its debts, the estate may pursue the property, with a time limit of eighteen months after death. Joint owners need to think about how survivorship interacts with the deed. A transfer on death deed is a planning tool, and it works best when an attorney fits it into the rest of the estate plan.

Why this matters for a Queens house

For an owner who wants the house to go to a child, a transfer on death deed can avoid the court process covered on our probate page while keeping control, and, under federal tax rules for inherited property, may allow the beneficiary to receive a basis tied to the value at death. Confirm the tax result for your situation with a tax professional.

Mortgages, insurance and exemptions after a transfer

A deed transfer changes the name on the title, but the house still carries a loan, a homeowners policy and, often, a property tax exemption. Each of those has its own rules.

The due-on-sale clause

Most mortgages let the lender demand full payment if the property is transferred. Federal law limits that right for homes with fewer than five units in several family situations, including a transfer to a spouse or children, a transfer resulting from a divorce decree, a transfer to a relative when the borrower dies, and a transfer into a living trust where the borrower remains a beneficiary and keeps living there. A transfer to an LLC is not on that list. Ask the lender, in writing, before transferring a house with a mortgage to an entity.

Homeowners and title insurance

The homeowners policy is issued to named insureds. After a transfer, call the insurance agent so the new owner is covered. Title insurance is similar: an owner’s policy protects the named owner, and whether it continues to protect someone who receives the house by gift or into a trust depends on the policy. Our guide to title insurance in NYC explains what an owner’s policy covers.

STAR and other exemptions

Property tax benefits such as STAR, the senior citizen homeowners exemption, the veterans exemption and the disabled homeowners exemption are tied to the owner and, often, to the owner living in the house. When the owner changes, the benefit can end, and the new owner usually has to apply again if they qualify. A parent who deeds the house to a child may lose a senior benefit that the child cannot claim. Our guide to property taxes in Queens NY explains how these benefits work.

Tenants and occupied houses

A transfer does not end a lease. If the house has tenants, the new owner steps into the landlord’s position. Our guide on selling a house with tenants in New York covers the lease and deposit rules that follow the property.

How to get a copy of a deed in NYC

Before any transfer or sale, you need the last recorded deed. In Manhattan, the Bronx, Brooklyn and Queens, that starts with an ACRIS deed search.

ACRIS deed search, step by step

1. Open ACRIS on the Department of Finance website and choose to search property records.
2. Search by borough, block and lot for the most accurate result. You can also search by party name or by document type.
3. Filter for deeds and sort by recording date to find the most recent one.
4. Open the document image to read the names, the form of ownership and the legal description.

Certified and uncertified copies

For many purposes, a printed copy from ACRIS is enough. When a court, a lender or an agency needs an official copy, the City Register issues certified copies. The Department of Finance lists certified copies at $4 per page and uncertified copies of real property documents at $1 per page.

Older records and Staten Island

Older documents may require more searching, and older deeds can carry different index numbers. Staten Island records are kept by the Richmond County Clerk. If a deed cannot be found, a title company or attorney can run a full search of the chain of title.

Reading what you find

Check the grantee names against what you believe, the form of ownership, and whether any later document, such as a mortgage or a lien, was recorded against the lot. If something looks wrong, our guide to finding a real estate attorney in NYC explains who to call and what to bring.

Deed theft in Queens and how to protect your home

Deed theft happens when someone records a forged or fraudulent deed to take a house from its owner, often targeting older owners, vacant houses and homes in estate. New York has strengthened its response, and the city offers a free alert that every owner should consider.

Sign up for the Notice of Recorded Document

The Department of Finance’s Notice of Recorded Document program alerts registered owners when a deed, mortgage or related document is recorded against their property. It is free by email or mail, notices usually go out the day after recording, and you register separately for each property by address or borough, block and lot. Owners, family designees, attorneys and estate executors can register. The city does not recommend it for co-op unit owners, because registration covers the whole building.

What New York changed in 2023

Legislation signed on November 14, 2023 lets the Attorney General or a District Attorney ask courts to pause eviction, foreclosure and other cases where title is disputed while a criminal deed theft case is pending, creates a presumption that a transfer was fraudulent after a related conviction, and allows prosecutors to ask a court to void a fraudulent deed. It took effect 30 days after signing.

Practical steps for owners and families

• Register each property for deed alerts, including houses held in an estate.
• Check ACRIS at least once a year for documents you did not sign.
• Be cautious with unsolicited offers to buy, especially to older relatives, and never sign papers you have not had reviewed.
• Keep a vacant or inherited house visibly maintained; our guide on selling a vacant house in New York covers the basics.
• If a notice shows a document you did not authorize, call 311, obtain a certified copy and contact an attorney right away.

Before you sell, confirm the chain of title

A clean recorded deed, current names and no surprise documents make a sale move faster. If you plan to sell after a family transfer, our guide on selling a home in NYC explains the steps, and our page on what your Queens home is worth is a good place to start on price.

Agatha Lubas

Licensed Associate Real Estate Broker · NY License #10301213345 · Keller Williams Realty Liberty

Agatha Lubas works with buyers, sellers and families throughout Queens, Brooklyn, Nassau County and Suffolk County, including inherited and estate sales, coordinating attorneys, title companies and lenders from the first conversation to the closing. She serves clients in English and Polish.

Work with Agatha

This article is for general informational purposes only. It is not legal, tax or financial advice, and a real estate licensee cannot give legal or tax advice; consult a licensed New York attorney and a tax professional about your own transfer. A comparative market analysis is an opinion of value, not an appraisal. Fees, tax rates and laws can change; confirm current requirements with the New York City Department of Finance, the New York State Department of Taxation and Finance and the New York State Senate’s published laws. Sources cited reflect those publications as of October 2026. Real estate brokerage services are offered by Agatha Lubas, Licensed Associate Real Estate Broker, NY License #10301213345, Keller Williams Realty Liberty, 96-10 101st Avenue, Ozone Park, NY 11416. Agatha’s cell: (646) 250-6512. The NYS Disclosure Form for Buyer and Seller, the NYS Housing and Anti-Discrimination Disclosure / Fair Housing Notice, and the brokerage’s Standard Operating Procedures are available on request. Equal Housing Opportunity.