For a long time, the conventional wisdom was that New York simply didn't offer a transfer-on-death deed. That changed when New York Real Property Law §424 took effect on July 19, 2024, giving homeowners a genuine TOD deed option for the first time.
Because plenty of older articles and guides still repeat the outdated claim that no such deed exists in New York, it's worth working from the actual statute and current county recording guidance rather than pre-2024 summaries.
Even with the new deed available, Medicaid Asset Protection Trusts remain the more established and better-tested planning conversation for anyone thinking ahead to institutional long-term care — the TOD deed is new enough that its Medicaid implications haven't been fully worked out in practice.
New York figures
- TOD deed statute effective date
- July 19, 2024
- Governing law
- New York Real Property Law §424
Sources and official resources
- New York DOH: Nursing Home Transition and Diversion Waiver
- U.S. Code: 42 U.S.C. § 1396p (liens, estate recovery, transfers of assets, Partnership disregard)
- CMS: 2026 SSI and Spousal Impoverishment Standards
Rules and figures change. Confirm current details with the agency before you act.