A home held in a trust
The trust owns the home, so the trustee signs the listing and the contract under the trust's own paperwork. There is no petition and no wait for letters. The closing will want the trust document, or a certification of it, and proof of who the current trustee is.
A transfer-on-death deed
New York's transfer-on-death deed law took effect on July 19, 2024. A home passed this way goes to the named beneficiary on the owner's death without a court case, and that beneficiary sells it as the owner. A transfer-on-death deed covers real property, so it applies to a house or condo; co-op shares are not real property and pass another way.
What does not change
- The estate tax lien. Whether a release (Form ET-117) is needed for a home held this way is a question for the estate's attorney or CPA; the answer depends on how the home was held. Ask before the contract, not after.
- The co-op board, for shares held in trust. The building still has to approve the buyer, on the Local Law 58 clock for applications from July 28, 2026.
- The date-of-death value. The CPA will still want it. Request it here.
- Clearing, pricing and selling. Same work, same market, and a trustee owes the beneficiaries the same care an executor owes the heirs.
One thing worth knowing: homes that pass by trust or transfer-on-death deed never appear in a court file. If you have been getting letters from investors, it is because of the death notice or the deed, not because the court published anything.
Start here
Bayside only: 11360, 11361 and 11364. Text, call or email. The first conversation and the value letter cost nothing.
Helpful to have ready
- The property address, and the building and apartment for a co-op
- The date of death
- Whether the court has issued letters yet
- Your role: executor, administrator, heir, CPA or attorney
At the first real conversation you receive New York's required agency disclosure and housing discrimination disclosure forms.
Sources
- Estate tax lien release: NYS Department of Taxation and Finance, Release of estate tax lien.
- Co-op board deadlines: NYC Local Law 58 of 2026 (Int. 1120-B), as summarized by Pryor Cashman and Armstrong Lefkowitz Sklaw.
- New York transfer-on-death deeds: Real Property Law section 424, effective July 19, 2024.