Joint tenancy needs express words — usually
Under EPTL § 6-2.2, a disposition of real property to two or more people is presumed to create a tenancy in common — a "heavy presumption," according to New York courts — unless the deed expressly declares a joint tenancy. There's a genuine exception, though: a deed that describes unmarried grantees as "husband and wife" creates a joint tenancy by default, the opposite of the usual rule. See our full breakdown of New York joint tenancy rules, including a real case where that exact quirk decided who owned a house.
A brand-new transfer-on-death deed
New York enacted its first transfer-on-death deed law in 2024. Real Property Law § 424, effective July 19, 2024, lets an owner name a beneficiary who receives real estate automatically at death, outside probate — New York was one of the last major states to adopt this tool. It doesn't reach every kind of home, though: New York treats a co-op apartment as personal property, not real property, so a TOD deed can't be used for one. See our full guide to the New York TOD deed.
Bank accounts need the survivorship language
Under Banking Law § 675, a presumption of joint tenancy with right of survivorship arises only when the account's signature card actually shows that intent. Even then, the presumption can be challenged — New York courts have a well-developed body of case law on whether an account was really meant to pass to the survivor, or was set up purely for bill-paying convenience. See our guide to New York beneficiary and P.O.D. accounts.
Where this feeds into other New York calculators
The probate-estate total from this tool is the starting point for New York's probate cost and executor fee calculators, and for checking New York's small estate affidavit. New York does have a state estate tax on larger estates — see our New York Estate Tax Calculator for that separate calculation.