The first call is free. We will tell you whether a transfer on death deed fits your property, or whether a trust or joint ownership serves you better.
A deed is the cheapest way to keep one property out of probate, but it is not the only way and it is not right for every property. These are the four situations we see most.
If the house is the one thing likely to end up in probate, a deed naming your beneficiary can move it directly, without opening a case for the rest of the estate.
A funded trust protects more, but it costs more to set up. If the house is the only asset that would otherwise go through probate, a deed on its own may be enough.
A transfer on death deed has no effect until you die. You can still sell, refinance, or name someone else, right up until then.
Adding a co-owner changes who owns the home immediately, including exposing your home to their creditors and their divorce. A transfer on death deed changes nothing until you die.
All three can move a single property to your family without probate. They differ in what they cost, what they protect, and what they change today.
The narrowest tool, and usually the cheapest.
Names a beneficiary who receives the property when you die. It does nothing to ownership while you are alive, and it has no effect at all until it is signed and recorded exactly as your state requires.
Best for: One property, a clear beneficiary, and no other reason to set up a trust.
Watch for: It only covers the property it is recorded against, does nothing for incapacity, and is not available the same way in every state.
Covers more, and costs more to set up.
Once the property is deeded into it, a trust holds it and passes it to your beneficiaries without probate. It can hold everything you own, not just one house, and it lets someone step in for you if you cannot manage your affairs.
Best for: More than one property, or wanting someone ready to act while you are still alive.
Watch for: An unfunded trust protects nothing. The property has to actually be deeded into it.
No attorney needed, but you give up sole ownership today.
Adding a co-owner with rights of survivorship passes your share to them automatically when you die, without probate.
Best for: A spouse or partner you would add to the deed regardless.
Watch for: Your co-owner's creditors, divorce, and decisions about the property become part of your situation immediately, not just after you die.
Not sure which one fits a single property? That is exactly what the first call sorts out.
Book a free 15 minute call
From our articles
Learn about New York's new Transfer on Death deed law. Discover how to transfer property without probate and if a TOD deed is right for your estate plan.
Read the full guide to New York's TOD deedA signed deed that never reaches the county recorder's office does nothing. Here is the whole sequence, ending on the step people skip.
You tell us about the property and who you want it to go to. We tell you whether a deed, a trust, or joint ownership fits best.
We review the title, any mortgage or liens, and how your state treats transfer on death deeds before drafting anything.
You decide who receives the property, and who receives it if that person cannot.
We prepare the deed and you sign it with the witnesses and notarization your state requires.
An unrecorded deed does nothing. We file it with the county so it is part of the public record and actually takes effect.
Deed, trust, or joint ownership? That is what the first call sorts out.
We prepare and record transfer on death deeds for homeowners in Brooklyn, Newark and Philadelphia, for New York and Pennsylvania. New Jersey does not currently offer this instrument, so for New Jersey property we start from a will or trust instead. You tell us who should get the property; we draft it and file it with the county ourselves.
The most common case: one home, one or two beneficiaries, and no reason to set up a full trust.
If you own more than one property, or want someone ready to act while you are still alive as well as after, a deed alone will not cover it, and we will say so.
An unrecorded transfer on death deed does not work. We file it with the county ourselves rather than handing you a document to record on your own.
We file the deed with the county as part of the engagement. A signed deed sitting in a drawer protects no one.
We practice in New York, New Jersey and Pennsylvania. Transfer on death deeds are available in New York and Pennsylvania, not currently in New Jersey. Availability and the rules differ between the two that offer it, and we tell you what applies to your property specifically.
If a deed does the job for less than a trust would, we say so. If it does not fit your property, we say that too.
This firm also settles estates, including ones where a deed was never recorded, or a property should have been handled a different way.
Call (917) 515-1825 or contact us online to get started
33 reviews
See what our clients have to say about their experience
Knowledgeable, responsive, and extremely easy to work with throughout the trust creation process. Stefan created a highly organized set of documents and walked me through everything step by step from start to finish. I would highly recommend reaching out to him if you are considering estate planning or looking for guidance on setting up a trust.
None of this takes bad luck. It is what happens when a transfer on death deed was never set up, or was signed and never recorded.
An unrecorded deed has no legal effect, so the property is probated exactly as if it did not exist.
When a deed and a will name different people for the same property, the deed generally controls, and the family finds out only after you are gone.
A deed only reaches the property it is recorded against. Everything else you own can still end up in probate.
A transfer on death deed does nothing while you are alive, and it names no one to manage your affairs if you cannot.
A transfer on death deed prepared and filed correctly is a simple, low cost way to keep one property out of probate.
Tell us about the property, and we will tell you whether a deed, a trust, or joint ownership is the better fit.
Pick a time below, or call (917) 515-1825. The first fifteen minutes are free.
A phone call, not a video meeting. It helps to know roughly what the property is worth and who you want it to go to.
Need assistance with scheduling?
Click to view additional resources
Tell us about the property, who you want it to go to, and whether you already have a will or a trust. We will come back to you with what we would recommend.
