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Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in the jurisdiction where the property is located.

1. Identify Who Signs the Deed

Under New York law, real property owned at death vests in heirs by operation of law if there is no will. However, title may remain clouded until a personal representative obtains Letters Testamentary (for a will) or Letters of Administration (if intestate). In most cases:

• If an executor or administrator is appointed, that fiduciary signs an Executor’s Deed or Administrator’s Deed under SCPA § 711 (SCPA § 711).
• If no personal representative acts, surviving heirs may sign a Quitclaim Deed to convey whatever interest they hold.

2. Choose the Proper Deed Form

For out-of-state real property, use the deed form recognized in the jurisdiction where the land lies. Common choices:

• Executor’s/Administrator’s Deed: Provides limited title assurances for beneficiaries of an estate. References the decedent, the Surrogate’s Court file number and authority under SCPA § 711.
• Quitclaim Deed: Transfers only the grantor’s interest, with no warranty of title—a fast option when multiple heirs agree.
• Special Warranty Deed: Warranties limited to acts of the grantor (estate), used when buyers need moderate assurance.

3. Prepare and Acknowledge the Deed

Every deed must include:

• Full legal description of the property.
• Grantor information (executor, administrator, or heirs by name).
• Reference to decedent’s name and Surrogate’s Court file number (for fiduciary deeds).
• Signature blocks for grantors, acknowledged before a notary public (Real Property Law § 291).

4. Record the Deed in the Proper County

To complete the transfer:

1. Obtain certified copies of the Letters Testamentary or Administration if a fiduciary deed is used.
2. Submit the original, notarized deed to the county clerk (or register of deeds) in the county where the property is located.
3. Include any local cover sheets, transfer tax returns, or documentary stamp forms required by that jurisdiction.
4. Pay recording fees and any applicable transfer taxes.
5. Keep a certified copy of the recorded deed for your records.

Helpful Hints

• Verify recording requirements—each county may have unique forms and fees.
• Obtain a current title report to confirm legal description and chain of title.
• Use a local form of the deed consistent with the state where the land lies.
• Consider a title search and title insurance if purchasers seek warranties.
• Consult a local real estate attorney to handle out-of-state probate and recording nuances.