How do I determine ownership when my deceased parent is the only name listed on the deed? (NY)

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

When a parent’s name alone appears on a deed, the property typically passes through their estate rather than by joint tenancy or survivorship. Here’s how to determine current ownership under New York law:

1. Review the existing deed. Visit the County Clerk’s office or online records in the county where the property sits. Request a certified copy of the recorded deed to confirm the exact ownership language and legal description.
2. Check for a will. If your parent left a valid will, the executor named in the document must file it with Surrogate’s Court. Probate opens the estate and authorizes the executor (now called a fiduciary) to manage and distribute assets.
3. Understand intestate succession. If there is no will, New York’s intestacy statute, EPTL 4-1.1 (see law), determines heirs. Generally, the surviving spouse and children inherit first. The estate will need a court-appointed administrator to handle property transfer.
4. Obtain Letters Testamentary or Letters of Administration. The Surrogate’s Court issues these letters to the executor or administrator. They serve as proof of authority to act on behalf of the estate.
5. Transfer the deed. Once letters are in hand, prepare a new deed transferring ownership to the heir(s) or trust. The County Clerk’s office can provide transfer forms, including the Affidavit of Death of a Decedent (Form RP-5217) to update record ownership.
6. Address disputes or missing heirs. If someone contests the distribution or an heir is unknown, you may need a quiet title action under Real Property Actions and Proceedings Law (RPAPL) Article 15 to clear title.
7. Consult local court rules. Each county may have slightly different filing requirements. Check the Surrogate’s Court website for local forms and fee schedules (for example, https://www.nycourts.gov/courts/surrogate/ for New York County).

Helpful Hints

• Start by obtaining a certified deed copy at the County Clerk’s office or online portal.
• Search for a will in your parent’s personal files or at the Surrogate’s Court where they lived.
• Contact the Surrogate’s Court clerk to learn filing fees and required forms for probate or administration.
• Gather basic estate information: asset list, debts, and family tree to streamline court filings.
• Keep a timeline of all filings, deeds, and correspondence to avoid delays.
• Consider a title search company for a comprehensive history of liens or encumbrances.
• Ask about small-estate procedures if the total real estate value is low—some counties offer simplified transfers.