Does a Deed Need Witnesses in New York City?

A New York deed is a legal instrument used when transferring title or property rights to real property. New York law requires that the grantor/seller (the individual making the transfer) sign the deed. The deed must be signed and acknowledged before a qualified New York notary public. If signed and notarized outside the United States, except for Canada, the deed must include a certificate of authentication. If signed in another state, then a certified acknowledgment that the deed was signed in conformity to the laws of the state where the deed was signed is sufficient. Unlike a will, a New York deed does not need to be witnessed.

Normally the grantor/seller is the only person who needs to sign the deed. The signature must be an original signature. Also, a valid deed must contain a legal description of the property and contain the names and addresses of all parties referenced in the document. The deed must be delivered/received by the grantee (person receiving the property) and recorded in the county where the property is located or it will be considered void. County transfer taxes are paid on consideration of $500.00 or more and vary by county. There is also a state transfer tax that is paid. A New York property transfer and estate attorney can advise you regarding the legal provisions that must be contained in a deed and the amount of transfer taxes and recording fees.

Transferring property belonging to New York decedent

If the New York owner of property passes away, the survivor may receive the property through survivorship rights. The executor or personal representative may execute an executor’s deed or fiduciary deed disposing of the decedent’s property by transferring the property to the person or person’s named in the decedent’s will.

Warranty Deed and Quit Claim Deed

A warranty deed is used most frequently when conveying an interest in real property. A quitclaim deed is often used most often in divorce cases when one spouse is transferring ownership to the other without making any warranties.

New York deed property transfer and estate attorney

For questions concerning the preparation of execution of a New York deed, it is recommended that you speak with a New York deed property transfer/estate attorney. The attorney can help transfer the property by preparing the transfer deed and making sure that it contains all the necessary provisions required under New York State and local laws. The attorney can also submit the deed to the county recorder’s office for recording for you.

If you wish to speak to a New York estate attorney, call the Law Offices of Albert Goodwin at (212) 233-1233.