Most guides to this question compare two deeds. New York uses three, and the one that actually shows up on most city closings is the one nobody explains. If you are transferring property in Brooklyn, Queens, Manhattan, the Bronx or Staten Island, this is the decision in front of you.
New York uses three deeds, not two
General warranty deed. The grantor guarantees the title all the way back through the property’s history and will defend it. Strongest protection, and comparatively rare in New York City.
Bargain and sale deed with covenant against grantor’s acts. The grantor promises only that they personally did nothing to encumber the property while they owned it. Silent about anything earlier. This is the standard instrument in downstate New York and the one most city sales close on.
Quitclaim deed. No promises of any kind. Transfers whatever interest the grantor happens to hold, which may be everything or nothing.
There is also a bargain and sale deed without covenants, which in practical terms offers about as much protection as a quitclaim.
For the underlying difference between promises and no promises, see warranty deed vs quitclaim deed. This page is about which one to use here.
Downstate and upstate do not match
Full warranty deeds appear more often in upstate New York transactions. In the five boroughs, the bargain and sale with covenants is what buyers, sellers, title companies and closing attorneys expect.
That matters when you are reading advice written for a national audience. An article telling you to insist on a warranty deed is describing a market that is not yours. If a downstate seller offers one, it is unusual rather than reassuring, and worth a question to your attorney.
Which deed for which situation
| What you are doing | Deed normally used in NY |
|---|---|
| Selling to a buyer on the open market | Bargain and sale with covenants |
| Adding a spouse after marriage | Quitclaim |
| Removing a spouse in a divorce | Quitclaim |
| Parent transferring to a child | Quitclaim or bargain and sale |
| Moving property into a trust or LLC | Quitclaim or bargain and sale |
| Executor selling from an estate | Executor’s deed, a bargain and sale form |
| Correcting a name or typo on a prior deed | Correction deed, or an affidavit |
We notarize the deed and file it through ACRIS with the transfer tax forms, from intake to recorded confirmation.
The New York taxes and forms
This is where a family transfer stops being simple. Whichever deed you use, a New York City recording normally involves:
- NYS Real Estate Transfer Tax, filed on form TP-584
- NYC Real Property Transfer Tax, filed on the applicable RPTT return
- RP-5217, the real property transfer report
- Recording fees payable to the City Register
Those forms are generally required even when the consideration is zero. A deed from a mother to a daughter for no money is still a reportable transfer. Exemptions exist for certain transfers, including some between spouses and some into a trust for the grantor’s own benefit, but exemptions have to be claimed correctly on the forms rather than assumed.
Mortgage recording tax applies separately when a new mortgage is being recorded. See mortgage recording tax in NYC.
Two traps that catch New York families
The deed does not move the mortgage. Quitclaiming your interest to an ex-spouse does not remove you from the loan. You have handed over the asset and kept the liability, and only the lender can release you, usually through a refinance. Most mortgages also carry a due on sale clause that a transfer can trigger.
Gifting during your lifetime can cost your children more than inheriting. Property left through an estate generally receives a stepped up basis at death. Property gifted during your lifetime generally does not, so the recipient may inherit your original purchase price for capital gains purposes and face a far larger tax bill when they sell. Adding a child to a deed can also affect Medicaid planning and expose the property to that child’s creditors and divorce.
This is the single most common expensive mistake in family transfers, and it is a conversation for an estate attorney before anything is signed.
Getting it signed and recorded here
The grantor’s signature must be acknowledged before a notary public. The grantee normally does not sign.
Recording runs through ACRIS for Manhattan, Brooklyn, Queens and the Bronx. Staten Island records through the Richmond County Clerk. Deeds must generally be recorded promptly, and an unrecorded deed leaves the new owner exposed to later claims even though the transfer may be valid between the parties.
Once recorded, the City Register notifies owners enrolled in the Recorded Document Notification Program, which every New York property owner should be signed up for. We handle deed and document recording from intake through confirmation, including the transfer tax forms.
Frequently asked questions
Do I need a lawyer to transfer a deed in New York?
You are not required to have one, but New York closings are attorney-driven in practice, and family transfers carry tax consequences a notary cannot advise you on.
Is a quitclaim deed valid in New York?
Yes. It is a genuine transfer. It simply carries no promises about the title.
Can I use a quitclaim to sell my apartment?
You can, but buyers, lenders and title insurers will resist, which usually ends the deal.
What if the name on my deed does not match my ID?
Common, and normally handled with a one and the same person affidavit. See what title companies ask for.
Can a New York deed be notarized online?
Often, but the receiving county recorder decides. Confirm before booking.
Executor, referee and trustee deeds
New York transactions also use deeds named for the capacity of the person signing rather than the promises made.
An executor’s deed conveys property out of an estate. A trustee’s deed conveys from a trust. A referee’s deed transfers after a foreclosure sale. All three are bargain and sale in substance, carrying limited or no warranties, because the signer is acting in a role and has no personal knowledge of the property’s history.
If you are buying through one of these, the deed is being honest with you: the due diligence sits with you, your attorney and your title company. That is not a reason to walk away, it is a reason to budget for a proper title search and an owner’s policy.
What the deed name does not decide
The title at the top of the document is not controlling. The operative language is. A deed headed Bargain and Sale that contains no covenant against grantor’s acts gives you no more protection than a quitclaim, whatever it is called.
Look for the promise itself. Language that the grantor has not done or suffered anything whereby the premises have been encumbered is the covenant. If it is absent, the covenants are absent.
Recording is what makes it stick
An unrecorded deed can be valid between the two parties and still leave the new owner exposed, because New York priority generally runs on recording order. A later deed or mortgage recorded first can take precedence.
Record promptly. In New York City that is ACRIS for four boroughs and the Richmond County Clerk for Staten Island, with the transfer tax forms filed alongside. See why people fail to record and why it matters.
Related reading
- Warranty deed vs quitclaim deed, the general difference
- How to transfer a deed in NYC
- How to record a deed in NYC
- Can my mom sell me her house for $1?
- NYC deed and document recording
This is general information, not legal or tax advice, and NotarEaseNYC is not a law firm. A notary public cannot choose a deed for you or advise on tax consequences. Speak with a New York real estate or estate attorney before transferring property.