If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a New York quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, which office actually records deeds in your area, and the two extra state forms New York requires with almost every deed, regardless of whether any tax is owed.
The good news is that most family gift transfers end up owing little or no transfer tax in New York. The paperwork just needs to be filed correctly even when the tax bill is $0.
Important New York Recording Note:
Outside New York City, quitclaim deeds are recorded with the County Clerk in the county where the property is located.
Inside New York City, Manhattan, Brooklyn, Queens, and the Bronx use a different, fully electronic system called ACRIS, rather than filing paper forms with a county clerk. Staten Island is the exception among the five boroughs and still records through the Richmond County Clerk using paper forms.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information New York recording offices commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name and mailing address
- Grantee's full legal name and mailing address
- Complete legal description of the property, matching the prior deed
- New York county where the property is located
- Return mailing address after recording, and a self-addressed stamped envelope
- Notary acknowledgment for the grantor's signature
- A completed Real Property Transfer Report (Form RP-5217)
- A completed Combined Real Estate Transfer Tax Return (Form TP-584)
- Recording fees, filing fees, and any transfer tax due
How to Fill Out a New York Quitclaim Deed
Step 1: Identify the Correct Recording Office
Outside New York City, deeds are recorded with the County Clerk in the county where the property is located. Inside the city, four of the five boroughs use ACRIS instead, while Staten Island files through the Richmond County Clerk.
Recording in the wrong place, or missing a borough's specific process, can significantly delay a transfer.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name and mailing address, matching the name on the current deed.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address. The name on the deed must match the name used on the RP-5217 and TP-584 forms exactly, since a mismatch is one of the most common reasons a filing gets rejected.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, the deed should clearly state how they will hold title, such as tenants in common or joint tenants with right of survivorship. Married couples should also consider whether they want to hold the property as tenants by the entirety, a form of ownership available specifically to spouses in New York.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed. A street address may help identify the property, but it is not a substitute for the full legal description, and it needs to match the prior deed exactly.
Step 6: State the Consideration
New York deeds should state the consideration exchanged for the property. For a true gift between family members, it is common and acceptable to state $0 or a nominal amount, which is also what you will report on the RP-5217 and TP-584 forms.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be acknowledged before a notary public .
New York allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county clerk's office (or the ACRIS process, if applicable) will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Complete the RP-5217 and TP-584 Forms
New York requires a Real Property Transfer Report (Form RP-5217) with nearly every deed, even a gift with no money changing hands. It must be completed as a fillable PDF, since it generates a barcode the recording office scans.
A Combined Real Estate Transfer Tax Return (Form TP-584) is also required, even when the transfer is fully exempt from tax. This is where you document the exemption, such as a transfer with no real consideration between family members.
Step 9: Record the Deed
Submit the signed and notarized deed along with the RP-5217, TP-584, and payment for recording fees and any transfer tax due to the County Clerk in the county where the property is located, or through ACRIS if the property is in Manhattan, Brooklyn, Queens, or the Bronx.
Some counties, such as Westchester, require these forms to be prepared through their own electronic system before submission, so check your specific county's process before you start.
Will You Owe Transfer Tax?
For many of the situations that bring people to this page, the honest answer is: little or nothing.
New York's transfer tax is based on the consideration paid for the property. If you are genuinely giving property to a family member with no money changing hands, that transfer typically owes no state transfer tax, and you document the exemption on Form TP-584.
Even when no tax is owed, the RP-5217 and TP-584 forms are still required. Skipping them is one of the most common reasons a New York county clerk rejects a filing, even on a simple family gift.
For transfers that do involve real consideration, New York's base state transfer tax is $2 for every $500 of consideration, and many counties and New York City add their own transfer tax on top of that. If your transfer involves an actual sale price, it is worth checking your specific county's combined rate.
New York Signing and Recording Notes
- Outside New York City, deeds are recorded with the County Clerk in the county where the property is located.
- Manhattan, Brooklyn, Queens, and the Bronx record through ACRIS; Staten Island uses the Richmond County Clerk.
- The grantor's signature must be notarized.
- Use the complete legal description, matching the prior recorded deed exactly.
- A Real Property Transfer Report (RP-5217) is required with nearly every deed, taxable or not.
- A Combined Real Estate Transfer Tax Return (TP-584) is required with nearly every deed, even exempt ones.
- True gifts with no consideration typically owe no state transfer tax.
- Nonresident grantors may face an additional New York income tax filing on the sale of real property.
- Names must match exactly across the deed, RP-5217, and TP-584.
- Some counties require their own electronic system for preparing these forms before submission.
Official New York Sources
Common New York Quitclaim Deed Mistakes
- Recording in the wrong county, or missing the ACRIS process for New York City properties
- Forgetting the RP-5217 or TP-584 on a gift transfer that owes no tax
- Using a hand-filled RP-5217 instead of the required fillable PDF with barcode
- Name mismatches between the deed and the accompanying forms
- Using only the street address instead of the full legal description
- Forgetting that the deed needs a notary acknowledgment
- Overlooking a nonresident grantor's additional income tax filing
- Not checking a specific county's extra formatting or electronic filing requirements
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the New York Quitclaim Deed Process
A New York quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, complete the RP-5217 and TP-584 forms accurately, notarize the deed correctly, and record everything through the right office for your specific location, even when no transfer tax ends up being due.
New York Quitclaim Deed FAQ
Where do I record a New York quitclaim deed?
Outside New York City, record with the County Clerk in the county where the property is located. In Manhattan, Brooklyn, Queens, and the Bronx, file electronically through ACRIS. Staten Island uses the Richmond County Clerk.
Does a New York quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public.
Will I owe transfer tax if I give my house to a family member?
Often little or nothing. New York's transfer tax is based on consideration paid, so a true gift with no money changing hands typically owes no tax. The required forms still need to be filed even when no tax is due.
What forms do I need besides the deed itself?
Nearly every New York deed needs a Real Property Transfer Report (Form RP-5217) and a Combined Real Estate Transfer Tax Return (Form TP-584), even when the transfer is a gift and no tax is owed.
Is this legal advice?
No. This page provides general educational information and is not legal advice.