In 2024, the New York Legislature enacted Real Property Law ("RPL") § 424, which codified New York's public policy in favor of transfer-on-death deeds that provide for real property to pass to beneficiaries named therein upon property owners' deaths (RPL § 424). More recently, in Matter of Cruz (Birks), 87 Misc3d 1229(A) (Sur Ct, Suffolk County 2025), Suffolk County Surrogate Vincent J. Messina, Jr. addressed whether a document entitled a "Survivorship Deed" (the "Deed"), as signed, but not recorded, by a decedent before (a) her death, and (b) RPL § 424 became effective, was valid. I write to provide a summary of Cruz, which contains thoughtful analysis explaining why the Deed was valid and enforceable.
