Transferring New York Real Property with an Executor's Deed

Executor's deeds are used to transfer title to real property whose owner died testate (with a last will and testament.)

The executor is someone named to carry out the provisions contained within in a deceased individual's will. After the will is admitted to probate in the Surrogate's Court, the surrogate (the judge managing the case) authorizes the executor to begin his/her duties. Frequently, these include using an executor's deed to sell the decedent's real estate.

Executor's deeds contain the same information as warranty or quitclaim deeds, but they also include details about the executor and the deceased owner. The executor's signature must be notarized, but some cases may require a witness to sign the deed in front of the notary, too. Note that at sections 309-a and 309-b, New York's Real Property Law (RPP) sets out specific notary statements based on whether the deed is signed inside or outside the state.

In addition to the standard state and local forms that accompany deeds submitted for recording, executors might also need to attach letters testamentary from the Surrogate's Court, certified copies of the decedent's death certificate and will, and other supporting documentation as appropriate.

Probate procedures can be complicated, and each situation is unique. Seek assistance from an attorney or from the surrogate responsible for the case with any questions about this process.

(New York Executor Deed Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Executor Deed

Notify third parties of a trust's interest in real property
Transfer property out of an estate after probate
Convey property as directed by a will or court order
Distribute real estate to beneficiaries of an estate
Establish a trust's interest in real property for public record
Satisfy title company requirements for trust-held property
Provide evidence that a trustee has authority to transact

Compare other New York deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Bargain and Sale Deed with Covenants Bargain and Sale Deed Without Covenants Easement Deed Termination of Easement Administrator Deed Correction Deed Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Mortgage and Promissory Note Satisfaction of Mortgage Transfer on Death Deed Revocation of Transfer on Death Deed Disclaimer of Interest Memorandum of Trust Notice of Pendency

Important: County-Specific Forms

Our executor deed forms are specifically formatted for each county in New York.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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