New York — Steps to File and Record a Deed After a Spouse’s Death | New York Probate | FastCounsel
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New York — Steps to File and Record a Deed After a Spouse’s Death

August 18, 2025 6 min read

Detailed Answer: How to transfer real property to your child after your wife’s death under New York law

Short answer: The exact steps depend on how title was held before your wife’s death. If the house was held as joint tenancy or tenancy by the entirety, ownership often passes automatically to the surviving owner and you generally record the death certificate (and sometimes a survivorship affidavit) to clear title. If your wife held the house in her sole name, you typically must open probate (or obtain letters of administration) so the appointed fiduciary can sign and record a deed transferring the property to your child. Below are the practical steps and legal context under New York law.

1. Identify how title was held

  • Tenancy by the entirety: In New York, most married couples who acquired property during marriage hold it as tenancy by the entirety. That ownership form gives the surviving spouse the whole property automatically when the other spouse dies.
  • Joint tenancy with right of survivorship: If the deed listed both spouses as joint tenants, the surviving joint tenant typically becomes sole owner automatically.
  • Sole ownership by the deceased spouse: If the deed named only your wife, the property does not automatically transfer. It becomes part of her estate and must pass through probate or an equivalent process.

Start by pulling a copy of the recorded deed from the county clerk’s office where the property is located. That deed shows the exact form of title and legal description.

2. If title passed automatically (survivorship or tenancy by entirety)

  1. Obtain certified copies of the death certificate from the state or local registrar.
  2. Contact the county clerk’s recording office where the deed is recorded. Many clerks accept the death certificate and will record an affidavit or a short form document to remove the deceased spouse’s name from the public record. Some counties provide a specific form for this purpose.
  3. If you want the child to be the owner instead of the surviving spouse, understand legal limits: if title passed to you automatically as surviving spouse, you (as current owner) must execute and record a deed conveying title to your child. That deed is a voluntary conveyance by you, and you should follow the deed-preparation and recording rules (see step 4).

3. If the property was solely in your wife’s name (probate/administration required)

When the decedent was sole owner, transferring title to a beneficiary usually requires a fiduciary with authority to convey estate real property. Typical steps:

  1. File a probate petition: File the will (if there is one) and a petition for probate with the local Surrogate’s Court. If there is no will, file for letters of administration (intestate administration). See general Surrogate’s Court procedures: NYS Courts — Probate & Administration and the Surrogate’s Court law pages: SCPA (Surrogate’s Court Procedure Act).
  2. Obtain letters: The court issues letters testamentary (for an executor under a will) or letters of administration (for an administrator). These documents give the fiduciary power to deal with estate property.
  3. Prepare an executor’s/administrator’s deed: The appointed fiduciary signs a deed (often called an executor’s deed or administrator’s deed) transferring the decedent’s real property to the beneficiary (your child). The deed must include the legal description and be properly acknowledged/notarized.
  4. Record the deed: Take the deed, a certified copy of the death certificate, and a certified copy of the letters to the county clerk/recorder in the county where the property is located and record the deed.

Relevant New York statute coverage about heirs and intestacy/distribution is found in the Estates, Powers & Trusts Law (EPTL): https://www.nysenate.gov/legislation/laws/EPT. The Surrogate’s Court processes and powers are in the SCPA: https://www.nysenate.gov/legislation/laws/SCPA.

4. Deed preparation and recording practicalities

  • The deed should include the full legal description as it appears on the current recorded deed.
  • Use clear conveyancing language stating the transfer from the fiduciary (as executor/administrator) to the intended grantee (your child).
  • The deed needs a proper acknowledgment (notarization). The county recording office will provide any local form requirements.
  • Bring to the county clerk: the signed deed, the decedent’s certified death certificate, and a certified copy of the letters (or other court order showing authority to convey).
  • Ask the clerk about transfer tax forms and exemptions. Transfers by executors or administrators often qualify for exemptions from certain transfer taxes, but you must file the appropriate form and meet requirements. Contact the county clerk and the New York State Department of Taxation and Finance for guidance: https://www.tax.ny.gov/.

5. Alternate or simplified routes

  • If the estate is very small or specific local procedures allow, the Surrogate’s Court may allow simplified administration. Ask the Surrogate’s Court in the county where the decedent lived for available streamlined procedures.
  • If all heirs or interested parties agree, they can sometimes sign a deed outside probate and then submit proof of consent, but this generally does not avoid the need for probate if the decedent was sole owner and creditors or other claimants may exist.

When to get a lawyer

Consider hiring a New York real estate or probate attorney if:

  • Title questions are unclear (deed language, mortgages, liens, or competing claims).
  • The estate must go through probate or there are multiple heirs with potential disputes.
  • You need help preparing an executor’s deed, applying for tax exemptions, or resolving title defects.

For statutory background on real property recording rules see the New York Real Property Law: https://www.nysenate.gov/legislation/laws/RP.

Disclaimer

This article explains general New York processes and is not legal advice. It does not replace consultation with a licensed New York attorney who can evaluate your specific facts and prepare required documents.

Helpful Hints

  • Start by getting a certified death certificate (multiple certified copies are useful).
  • Order a certified copy of the recorded deed from the county clerk to confirm how title was held.
  • If the surviving spouse owns the property automatically, you (as surviving owner) must prepare and record your own deed to transfer title to your child.
  • If probate is required, expect several weeks to months for the court to issue letters; factor that into your timeline.
  • Bring originals or certified copies: death certificate, letters testamentary/administration, and the new deed to the county clerk for recording.
  • Ask the county clerk about local recording fees, transfer tax forms, and any county-specific affidavit forms.
  • Keep excellent records: recorded deed copies, receipts for fees and taxes, and certified court documents.
  • If there is a mortgage on the property, notify the lender early. The lender’s requirements may affect timing and the form of any deed.
  • When in doubt, consult a New York attorney in real estate or probate to avoid mistakes that can cloud title.

Useful links:

If you would like, I can outline a document checklist tailored to your county or draft sample deed wording and questions to bring to the county clerk or attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.