Record Confirmatory Deed for Specific Devise in NY, Suggests Daniel Reiter in Lawline CLE

In New York, specifically devised property vests immediately upon the testator's death. Lawyers debate whether the executor of the will should record an executor's deed to memorialize the change of ownership.

Although using an executor's deed to memorialize a specific devise is a practice that is widely used by New York lawyers, it is unfortunate because it is contrary to the law. An executor has no power over real estate that is specifically devised in a will, unless the executor needs to sell the property to satisfy the decedent's debts.

If using an executor's deed to memorialize a specific devise is contrary to the law, then why do so many lawyers do it? The short answer: They don't know of a better way to record a document that shows the change of ownership. But the good news is that there is a better way!

In a Lawline (affiliate link) continuing legal education (CLE) lecture, Daniel Reiter, a lawyer in New York, suggested a solution that I (and some other lawyers) had not heard before: (1) Probate the will, and (2) record a confirmatory deed, rather than an executor's deed.

As a service to trusts & estate and real estate lawyers in New York, Lawline (affiliate link) generously gave me permission to create an excerpt from Daniel's CLE and share it with you:

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