[NY] How do I remove a deceased joint owner from a property deed?

NY Estate Probate

I am seeking to change a deed into my mother's name.

January 8, 2026

Seth

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Since the deed still lists both names, the next step depends on how the property was titled.

If it was joint tenancy with right of survivorship, ownership automatically passed to your mother. She only needs to file an Affidavit of Surviving Joint Tenant with a certified death certificate—no new deed is required (New York Estates, Powers & Trusts Law (EPTL) § 6-2.2).
If it was tenants in common, your father’s share passed through probate, and since probate is complete with no other heirs, your mother can record a new deed in her name using the probate order and death certificate (EPTL § 6-2.1).

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I am seeking to change a deed into my mother's name.

Lexi, Chatbot

I understand that dealing with property ownership changes can be stressful. Have you already obtained a copy of the current deed?

Yes.

Lexi, Chatbot

Is there a specific reason for changing the deed now, such as estate planning or inheritance?

Estate planning.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you?

No.

Seth

Hi, I’m Seth, an attorney. Have you consulted a lawyer about the documents needed for this deed change?

Yes.

Seth

What state is the property located in? Has your mother’s ownership already been established through probate, or does the deed still list both names?

New York. The deed still shows both names. It was filed in 1997. The deceased passed in 2011.

Seth

Thank you. Did the estate go through probate in New York? Are there any other heirs who might have a claim?

Yes and no.

Seth

Since the deed still lists both names, the next step depends on how the property was titled.

If it was joint tenancy with right of survivorship, ownership automatically passed to your mother. She only needs to file an Affidavit of Surviving Joint Tenant with a certified death certificate—no new deed is required (New York Estates, Powers & Trusts Law (EPTL) § 6-2.2).
If it was tenants in common, your father’s share passed through probate, and since probate is complete with no other heirs, your mother can record a new deed in her name using the probate order and death certificate (EPTL § 6-2.1).

Does that answer your question?

Thank you.

Seth

You’re welcome! It was a pleasure assisting you. Take care.

Seth

7,784 satisfied customers

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