Detailed Answer — What to do to re-record or update a joint-survivorship deed in New York
Short answer: first determine how title was held (joint tenancy with right of survivorship, tenancy by entirety, or tenancy in common). If the property passed automatically by survivorship, the surviving owner(s) usually must record documents (death certificate and an affidavit of survivorship or similar proof) with the county clerk to clear the public record. If every co-owner died or title did not include survivorship language, you will likely need to open a probate/administration in Surrogate’s Court and record an executor’s/administrator’s deed to transfer title. This article explains the typical steps under New York law and practical next steps.
1) Identify the type of co-ownership
Look at the recorded deed that created the co-ownership:
- If it says “joint tenants with right of survivorship” or similar, the surviving joint tenant(s) automatically own the property on the death of another joint tenant.
- If it is “tenancy by the entirety,” that ownership is limited to married couples and also passes automatically to the surviving spouse.
- If it is “tenants in common,” there is no automatic survivorship: the decedent’s share passes under their will or by intestacy (statutory succession).
Why this matters: automatic survivorship means ownership passes by operation of law (no deed is needed to effect the transfer), but you will still want to update public records so title searches and taxes show the correct owner.
2) If at least one surviving co-owner remains (survivorship applies)
Typical documents the surviving owner records to update title:
- Certified copy of the deceased co-owner’s death certificate (obtainable from NY Department of Health or the local registrar).
- An affidavit of survivorship (sometimes called an “Affidavit of Death of Joint Tenant” or “Affidavit of Survivorship”). The affidavit identifies the recorded deed that created the joint tenancy/tenancy by the entirety, names the deceased and the surviving owner(s), and states that the decedent died and the survivor(s) now hold title by survivorship.
- The recorded deed that originally created the joint tenancy (attach a copy or cite its book/page or instrument number so the county clerk can locate it).
- Any county-required transfer or recording forms (many counties require the New York Real Property Transfer Report — see state tax forms — and the county clerk’s recording cover sheet).
Where to file: record these items with the county clerk in the county where the property is located. Recording the affidavit and death certificate updates public records so title companies, lenders, and buyers see clear ownership.
3) If there are no surviving co-owners or survivorship does not apply
When everyone listed on title has died, or the deed created tenants in common, the decedent’s share must pass by probate or administration:
- If the decedent left a will: submit the will to the Surrogate’s Court in the county where the decedent lived; the court issues Letters Testamentary to the executor. See the Surrogate’s Court procedure statutes and local court rules for filing: New York Surrogate’s Court Procedure Act (SCPA) and local Surrogate’s Court offices.
- If the decedent did not leave a will: a relative or other interested person petitions for administration; the court issues Letters of Administration to an administrator.
- The executor or administrator uses those court-issued letters to sign and record an executor’s or administrator’s deed, transferring the property to the beneficiary or purchaser.
Where to start: contact the Surrogate’s Court in the decedent’s county. The Surrogate’s Court governs probate and issues the legal authority (letters) needed to convey or clear title. See New York Surrogate’s Court Procedure Act (SCPA) for court procedure basics: https://www.nysenate.gov/legislation/laws/SCPA and general Surrogate’s Court information: https://www.nycourts.gov/courts/surrogate-courts/
4) Common title-clearing needs and complications
- Missing or ambiguous deed language: if the recorded deed’s language is unclear about survivorship, you may need a quiet-title action or a declaratory judgment in Supreme Court to establish ownership.
- Multiple deaths around the same time: if multiple co-owners died in close succession and it’s unclear who survived whom, state law on simultaneous deaths (the Uniform Simultaneous Death Act principles) or probate findings may be necessary to determine succession.
- Mortgage or lien on the property: lenders may require payoff or reassumption; the mortgage does not disappear on death and may complicate recording a new deed.
- Heirs or claimants disputing ownership: disputes generally require litigation or probate court resolution.
5) Typical step-by-step checklist (practical)
- Obtain an official copy of the recorded deed that shows how title was held (county clerk’s office or online records).
- Get certified death certificate(s) from the NY Department of Health or local registrar: https://www.health.ny.gov/vital_records/
- Confirm whether survivorship applies by reading the deed wording. If survivorship applies and at least one survivor remains, prepare an affidavit of survivorship and have it notarized.
- Submit the affidavit, certified death certificate, and any recording cover sheets and tax forms required by the county clerk; pay recording fees. Check the county clerk’s website for exact document and fee requirements.
- If no survivorship applies or all owners are deceased, consult or petition Surrogate’s Court to open probate/administration and obtain Letters Testamentary or Letters of Administration; then prepare and record an executor/administrator deed.
- Notify the mortgage holder, update homeowner’s insurance, and update county property tax records once title is corrected.
6) Relevant New York law sources
General statutory sources that govern succession, probate procedure, and real property in New York include:
- Estates, Powers & Trusts Law (EPTL) — governs succession and many estate matters: https://www.nysenate.gov/legislation/laws/EPTL
- Surrogate’s Court Procedure Act (SCPA) — procedure for probate and administration: https://www.nysenate.gov/legislation/laws/SCPA
- Real Property Law (RPL) — contains statutes that affect conveyances and recording in New York: https://www.nysenate.gov/legislation/laws/RPL
- New York State Department of Health — vital records (how to get certified death certificates): https://www.health.ny.gov/vital_records/
- New York State Department of Taxation and Finance — transfer tax and Real Property Transfer Report requirements: https://www.tax.ny.gov/ (look for RP-5217 and TP-584 materials when preparing deeds)
When you should get help: If the deed language is unclear, multiple owners died, there are competing heirs, unresolved liens, or you are uncomfortable preparing affidavits or dealing with Surrogate’s Court, consult an attorney who practices New York real estate and probate law or consult a title company to avoid mistakes that could cloud the title.
Disclaimer: I am not a lawyer and this is not legal advice. This article explains general practices under New York law for educational purposes only. For advice about your specific situation, consult a licensed New York attorney or the county clerk / Surrogate’s Court in the county where the property is located.
Helpful Hints — quick practical guidance
- First, pull the recorded deed—knowing the exact language (joint tenancy, tenants in common, tenancy by the entirety) determines the path forward.
- Obtain several certified death certificates early; county clerks and other agencies often require originals.
- Contact the county clerk’s recording division before preparing documents—each county has slightly different cover sheets, fee schedules, and formatting rules.
- If a mortgage exists, contact the lender before recording to learn their requirements for transfer or payoff.
- Use a short affidavit of survivorship when appropriate; many clerks accept a simple form if it adequately cites the recorded deed and identifies the decedent and survivor(s).
- If title is being transferred after probate, use the exact instrument (executor’s/administrator’s deed) and attach certified letters (or a certified copy) from Surrogate’s Court proving authority to convey.
- Consider a title search or working with a title company before selling or refinancing—the title company can identify clouds on title and show what documents are needed to clear them.
- Keep copies of everything recorded and get certified copies where possible; future lenders, buyers, or heirs will ask for proof.