A client recently came into our office. His mother had passed away in her Brooklyn brownstone, and he was named executor of her will. The will was clear, but as we prepared the probate petition for Surrogate’s Court, we hit a wall. He couldn’t find the original deed to the house—the family’s single most significant asset. Without it, we couldn’t formally prove her ownership to the court and begin transferring the property to him and his sister. This problem is more common than people think.
A deed is more than a receipt—it is the legal instrument proving ownership of real property. When administering an estate, the deed is one of the first documents a court or a title company will ask for. Fortunately, deeds are public records. You can often locate a copy yourself at no cost.
The Public Record: ACRIS and County Clerks
For property located within the five boroughs of New York City—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—the primary resource is the Automated City Register Information System, or ACRIS. This online database, managed by the NYC Department of Finance, contains images of property records filed since the 1960s.
You can search the ACRIS system in a few ways:
- By Address: This is often the simplest method. You’ll need the borough, street name, and house number.
- By Party Name: If you know the name of the grantor (seller) or grantee (buyer), you can search for documents associated with that individual. This can be useful for finding all properties owned by a person within a certain timeframe.
- By Block and Lot Number: Every property has a unique identifier. If you have a tax bill, this number will be on it, and it provides the most precise way to search.
The documents on ACRIS are digital copies of the originals. While suitable for initial review, the Surrogate’s Court or a title insurance company will eventually require a certified copy. You can order one from the City Register’s office for a nominal fee.
For properties outside the city, on Long Island or in Westchester, the process is similar. Each county maintains its own records, typically through the County Clerk’s office. Most have their own online portals that allow you to search property records in much the same way as ACRIS.
What a Deed Actually Tells You
Locating the deed is only the first step. You must understand what it says. It contains critical details that directly impact how the property is handled in an estate.
First, identify the grantee(s)—the person or people who received the property. Pay close attention to the language describing how they took title. Did they own it as “tenants in common” or as “joint tenants with rights of survivorship”? This is a crucial distinction. Property held as joint tenants with rights of survivorship automatically passes to the surviving owner outside of probate. Property held as tenants in common does not; the deceased owner’s share must pass through their estate.
Second, look for the legal description of the property. This is more detailed than a street address and is the official description used in legal filings. Finally, note the execution date and recording date. These tell you when the transfer legally occurred and when it was officially entered into the public record.
This distinction between ownership types is not a minor detail—it is defined by New York law. EPTL § 6-2.2 establishes that a transfer of property to two or more people creates a tenancy in common unless the deed expressly declares it a joint tenancy. The presence or absence of a few specific words can determine whether a home ends up in a lengthy probate proceeding or passes directly to a survivor.
The Limits of a Free Search
Finding the deed is a critical act of due diligence. A deed search alone, however, does not provide a complete picture of the property’s status.
The deed won’t tell you if there are outstanding mortgages, tax liens, or other encumbrances against the property. It won’t reveal breaks in the chain of title or other defects that could complicate a future sale. A free public records search is a starting point, not a substitute for a full title report conducted by a professional title company.
In my practice, locating the deed is the first step. The second is analyzing how that asset—and the way it is titled—fits within the broader goals of the family’s estate plan. Sometimes, the way a deed was written years ago creates unintended consequences for the next generation.
Stewardship. That is the goal. If you have a deed for a family property and are uncertain of its legal implications for your estate, the document requires professional review. The next step is to schedule a meeting to review the document and discuss how it aligns with your long-term legacy planning.
