To file a quitclaim deed in New York, you prepare the deed, complete the state’s transfer tax and property transfer report forms, have the grantor’s signature notarized, and submit the whole package with the required fees to the county clerk where the property sits. Property in four of the five New York City boroughs goes through the city’s electronic ACRIS system instead of a paper filing at a clerk’s counter. The deed is short. It’s the supporting paperwork that trips people up.
What the Deed Must Contain
The deed itself is a brief document, but every element has to be there. Include the full legal names and mailing addresses of the grantor (the person giving up their interest) and the grantee (the person receiving it). State the consideration, meaning the value being exchanged. Even a gift transfer typically lists a nominal amount like ten dollars.
The deed also needs a complete legal description of the property. Copy it from the most recent recorded deed, word for word. A tax map parcel number or a street address is not enough on its own, and a mismatch with the prior recorded description is one of the more common reasons a clerk kicks a package back.
Only the grantor signs the deed. A quitclaim makes no promises about the quality of the title; the grantor transfers whatever interest they have, which could be full ownership or nothing at all. That’s why these deeds work best between people who already trust each other: spouses, family members, divorcing couples following a court order, or an owner moving property into their own living trust.
Supporting Forms You’ll File With the Deed
New York will not record a bare deed. The exact forms depend on where the property is located.
Property Outside New York City
For any county outside the five boroughs, the package includes Form TP-584 (Combined Real Estate Transfer Tax Return) and Form RP-5217 (Real Property Transfer Report).1Sullivan County NY. Recording a Deed The TP-584 is the state transfer tax return and can be printed or typed.2New York State Department of Taxation and Finance. Form TP-584 – Combined Real Estate Transfer Tax Return
The RP-5217 has a specific quirk. You must complete it as a fillable PDF online because it generates a barcode the county clerk uses for processing. Small hand corrections after printing are allowed, but a fully handwritten or typed version won’t be accepted.3New York State Department of Taxation and Finance. Instructions for Completing Form RP-5217-PDF Real Property Transfer Report
Some counties add their own requirements on top. Westchester, for example, requires the TP-584, RP-5217, and a cover page to be created through its PREP electronic system before submission.4Westchester County Clerk. Record a Deed Check the specific county clerk’s website before preparing anything, because a package that works in one county may not meet another’s format rules.
Property Inside New York City
New York City works differently. For property in Manhattan, Brooklyn, Queens, or the Bronx, you file through the city’s Automated City Register Information System (ACRIS) rather than handing paper to a county clerk. ACRIS walks you through the tax forms and the recording electronically.
Staten Island is the exception. It uses Form RP-5217-NYC and files through the Richmond County Clerk’s office the same way an upstate county would.5Department of Taxation and Finance. Instructions to Download Form RP-5217-PDF, Real Property Transfer Report
If the Grantor Lives Outside New York
A nonresident grantor also has to complete Form IT-2663, the Nonresident Real Property Estimated Income Tax Payment Form. It calculates estimated state income tax on any gain from the transfer, and payment in full must accompany the deed when it’s presented for recording.6New York State Department of Taxation and Finance. New York Form IT-2663 – Nonresident Real Property Estimated Income Tax Payment Form Recording officers are instructed not to accept a deed from a nonresident grantor without either a completed IT-2663 or a signed exemption on the TP-584.7New York State Department of Taxation and Finance. Instructions for Form IT-2663 Nonresident Real Property Estimated Income Tax Payment Form
Getting the Deed Notarized
New York requires the grantor’s signature to be formally “acknowledged” before the deed can be recorded. A notary public is the usual choice, though the state also allows acknowledgments before a judge, county clerk, commissioner of deeds, or several other officials.8New York State Senate. New York Real Property Law 298 – Acknowledgments and Proofs Within the State
The grantor has to appear in person with valid government-issued photo ID. Remote or telephone acknowledgments are not legal in New York.9NYS Department of State Division of Licensing Services. New York Notary Public License Law The notary verifies identity, watches the signature, and completes the acknowledgment section with their own signature and seal.
The grantee does not sign the deed. Both grantor and grantee (or their authorized agents) usually do need to sign the supporting forms, including the TP-584.10NYC311. Real Property Transfer Tax
Transfer Taxes and Recording Fees
The New York State real estate transfer tax is $2 for every $500 of consideration, or fraction of $500. For residential property where the consideration is $1 million or more, an additional 1% “mansion tax” applies on top of the base rate.11New York State Department of Taxation and Finance. Real Estate Transfer Tax On a property with $300,000 in consideration, the state transfer tax alone is $1,200.
Family transfers and transfers into a trust often involve only nominal consideration, like ten dollars, which keeps the transfer tax bill minimal. But if the grantee assumes an existing mortgage or provides other valuable consideration, the tax is calculated on that full amount.
New York City imposes its own Real Property Transfer Tax on top of the state tax for property inside the five boroughs. The city rate varies with property value and with whether the property is residential or commercial. County recording fees also apply and differ by county, so check the clerk’s fee schedule before you show up.
Filing With the County Clerk
File the complete package at the County Clerk’s office in the county where the property is located.1Sullivan County NY. Recording a Deed The package includes the original notarized deed, the completed TP-584, the RP-5217 with its barcode, an IT-2663 if applicable, and payment for all recording fees and transfer taxes. Most clerk’s offices accept filings in person or by mail.
If anything is missing or wrong, the clerk will reject the package. The most common reasons: a missing barcode on the RP-5217, an incomplete acknowledgment, or a mismatch between the names on the deed and the names on the supporting forms. Verify that the legal description on the deed matches the prior recorded deed exactly before you submit.
What Happens After Recording
Once the clerk accepts the package, the deed is “recorded” and becomes part of the official public land records for that county. Recording establishes the grantee’s interest against later claims from other parties, and anyone can search these records.
The office stamps the original deed with the recording date and a unique identifying number, either a book and page number or an instrument number depending on the county. It keeps a digital copy and mails the stamped original back to whichever address is listed in the “record and return” section of the deed. Return times vary from a few weeks to a few months.
Check These Before You File
A quitclaim deed is a simple document that can create complicated problems if you file it without thinking through three issues.
The mortgage doesn’t transfer. A quitclaim deed moves ownership, but it does not affect an existing mortgage. If the property has a loan, the grantor stays personally liable unless the lender agrees otherwise. This catches divorcing spouses especially: one spouse quitclaims their interest to the other and stays on the hook for the debt. Most mortgages also contain a due-on-sale clause letting the lender demand full repayment when the property changes hands. Federal law under the Garn-St. Germain Depository Institutions Act protects several common family transfers (to a spouse or children, into your own living trust, under a divorce decree, or after death) on residential property with fewer than five units. If your transfer doesn’t fit one of those protected categories, call the lender before you file.
Medicaid looks back five years. If you’re transferring property to a family member for less than fair market value and there’s any chance you’ll need Medicaid-funded long-term care within five years, stop and get advice. Medicaid reviews all asset transfers made within 60 months of an application, and a quitclaim transferring a home for ten dollars looks exactly like a transfer meant to qualify for benefits. The resulting penalty period can delay coverage for years. Undoing a recorded deed is far harder than getting it right the first time, so talk to an elder law attorney first.
Gifts change the tax picture. A quitclaim transferring property as a gift can trigger federal gift tax reporting on Form 709 even when no tax is owed, because real property is almost always worth more than the annual exclusion. More importantly, the grantee takes the grantor’s original cost basis rather than a stepped-up basis. If the grantor bought the home decades ago for $80,000 and the grantee later sells it for $500,000, the grantee owes capital gains tax on most of that difference. Property inherited through a will or trust generally gets a stepped-up basis to fair market value at the date of death, which can eliminate that hit entirely. For many families, waiting produces a better tax outcome than a lifetime quitclaim.