This is is a New York Executor’s Deed form in web format. You can use this form as a starting point or copy and paste the relevant language into your form. It’s also available in DOC and PDF. This form is provided as a matter of convenience for attorneys only.

Executor’s Deed Form New York (.DOC)

Executor’s Deed Form New York (.PDF)

New York Executor’s Deed Form – Download for Free

(STANDARD NYBTU FORM 8010)

CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING.

This Indenture, made the __day of December, two thousand and thirteen,

between

___________________________, as executor of the last will and testament of ______________________, who resided at ________________________, who died on _____________, 20__,

party of the first part, and

_____________________________,

party of the second part,

WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate’s Court, ________________ County, New York on the ____ day of ___________, 20___, and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of one dollar, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever,

ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the

______________________________(Address)

See “Schedule A” annexed.

TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof,

TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent’s death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise,

TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever.

AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid.

AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the costs of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.

The word “party” shall be construed as if it read “parties” whenever the sense of this indenture so requires.

IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.

IN PRESENCE OF:

___________________

Acknowledgment

STATE OF NEW YORK       )

)  ss.:

COUNTY OF _________      )

On the _____ day of __________________ in the year 20__, before me, the undersigned, personally appeared _______________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individualexecuted the instrument.

________________

Notary Public

What an Executor's Deed Is

An executor's deed is a specific form of deed used by an executor of an estate to transfer real property of the deceased. It differs from other deed forms in important ways:

• The grantor is identified as the executor in their fiduciary capacity, not as an individual.
• The deed references the source of the executor's authority — the letters testamentary issued by the Surrogate's Court.
• The covenants are typically limited — the executor covenants only that they have not personally encumbered the property, not that the underlying title is clear.
• The deed references the will and EPTL Article 11 as authority for the conveyance.

The executor's deed conveys whatever interest the deceased held in the property at the time of death and whatever interest the executor has the power to convey.

Source of Executor's Authority to Sell

The executor's authority to sell real estate comes from several possible sources:

Express power in the will. The will may specifically grant the executor the power to sell real estate, sometimes with conditions. This is the cleanest source of authority and typically the basis for most executor's deeds.

EPTL Article 11. Even without express will authorization, EPTL § 11-1.1 grants executors various powers, including in many circumstances the power to sell real estate to pay debts or expenses of the estate.

Court authorization. If neither the will nor the statute clearly authorizes the sale, the executor can petition the court for authority to sell.

Beneficiary consent. All beneficiaries can consent to a sale that might otherwise require additional authority.

When an Executor's Deed Is Used

Executor's deeds are used in several specific situations:

• Sale of real estate to convert it to cash for distribution.
• Sale to pay debts, taxes, or expenses of the estate.
• Distribution of specific real estate to a beneficiary entitled to receive it under the will.
• Sale to one of the beneficiaries who wants to buy out the others.
• Conveyance to a corporation or other entity owned by the estate.

Each situation has its own considerations. Sales to family members or to the executor personally raise self-dealing concerns that require additional procedural protection.

Required Schedule A

The Schedule A referenced in the deed contains the legal description of the property being conveyed. The legal description must be precise and complete:

• Metes and bounds description for most properties.
• Lot and block description for properties in subdivisions or recorded plats.
• Unit number and condominium reference for condominium units.
• Reference to prior recorded deeds for properties with established legal descriptions.

The legal description from the deceased's prior deed is typically used unless the property has been subdivided or its boundaries have otherwise changed. Errors in the legal description can create title problems for the buyer.

Recording Requirements

The executor's deed must be recorded to be effective against third parties. Recording involves:

• Filing the original deed with the county clerk (or city recorder in NYC's case, the Office of the City Register).
• Paying the recording fee.
• Filing required transfer tax forms (RP-5217 and any local transfer tax forms).
• Paying any applicable transfer taxes.

Once recorded, the deed becomes part of the public record establishing the buyer's ownership. The chain of title is complete from the deceased through the executor's conveyance to the buyer.

The Lien Law Section 13 Trust Fund Provision

The deed contains a specific covenant referencing Section 13 of the Lien Law. This covenant addresses the executor's obligation to apply the sale proceeds first to certain improvements. The covenant is required by statute and protects mechanics and contractors who might have liens against the property.

In practice, this provision is rarely contentious because executors typically use the sale proceeds for estate purposes (debts, expenses, distributions) rather than for improvements. But the statutory covenant must appear in the deed.

Title Insurance for Buyers

Buyers of property from an estate should obtain title insurance even more carefully than ordinary buyers. The title company will require:

• Certified copies of the letters testamentary.
• The original will (or a certified copy).
• Evidence that the executor has authority to sell.
• Tax clearance certificates if the estate exceeded estate tax thresholds.
• Affidavits about creditor claims and other estate matters.

The title insurance protects the buyer against later challenges to the executor's authority or to the title generally. The premium is well worth the protection it provides.

Common Defects in Executor's Deeds

Defective executor's deeds create problems that may not appear until years later. Common defects include:

• Failure to properly identify the executor's fiduciary capacity.
• Incorrect legal description.
• Missing or incorrect reference to the will or letters.
• Missing required covenants (such as the Lien Law Section 13 provision).
• Inadequate notarial acknowledgment.
• Failure to record promptly.
• Missing tax forms or unpaid transfer taxes.
• Conveyance to a party not properly identified.

Defects can sometimes be corrected by recording a confirmatory or correction deed. More serious defects may require court proceedings to clear title.

When Beneficiaries Disagree About a Sale

Sometimes beneficiaries disagree about whether to sell estate property. The executor's authority to sell may be challenged by beneficiaries who want to retain the property. Common resolutions:

• If the will clearly authorizes sale, the executor can proceed despite beneficiary objection.
• If a beneficiary wants the property, the executor can sell to that beneficiary at fair market value, with the price applied against the beneficiary's share of the estate.
• If the beneficiaries cannot agree and the executor cannot proceed, the executor may petition the court for instructions or sale authorization.
• If the dispute is fundamental, partition or other relief may be needed after the property has been distributed.