Yonkers Living Trust: Westchester County Surrogate's Court and Deed Recording

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published October 1, 2026. Last reviewed October 1, 2026.

Which county this page covers

This page covers Westchester County. The Westchester County Clerk's Record a Deed page states the rule directly: deeds should be recorded in the Office of the County Clerk of the county in which the real property being transferred is located. For estates, SCPA 205 makes the county of the decedent's domicile at death the proper venue. A reader whose address is in another county should use that county's Surrogate's Court and County Clerk.

The Westchester County Surrogate's Court

The court's page gives the standard description the Surrogate's Court pages on nycourts.gov carry: it hears cases relating to individuals who have passed away, including disagreements about wills and the proper way to manage or divide the estate, and is authorized to handle adoptions. The page links the WebSurrogate search for court filings and lists no fees; the fees come from SCPA 2402, below.

Probate and administration

In the court system's CourtHelp description, probate is the process of proving that the will is valid. The executor named in the will files the original will, a certified death certificate and a probate petition in the Surrogate's Court of the county where the person who died lived and had their primary residence, names the distributees, and has them served with a citation that gives the court power to decide their rights. Once the Surrogate is convinced the will is legally acceptable, the executor is appointed to give out the estate. The page says probate proceedings can be very complicated and that it might be a good idea to get a lawyer. The filing fee depends on the value of the estate: under SCPA 2402 it is $45.00 for less than $10,000, $75.00 for $10,000 but under $20,000, $215.00 for $20,000 but under $50,000, $280.00 for $50,000 but under $100,000, $420.00 for $100,000 but under $250,000, $625.00 for $250,000 but under $500,000, and $1,250.00 for $500,000 and over. Without a will, an administration proceeding uses the same schedule.

Voluntary administration

SCPA 1301 defines a small estate as one where the person dies leaving personal property having a gross value of $50,000 or less, exclusive of property required to be set off under EPTL 5-3.1(a). The CourtHelp page explains the consequence for a Yonkers homeowner: if the decedent owned real property, like a house or land, in their name alone, it is not a small estate anymore, and a probate or administration proceeding is filed instead. In a small estate the court appoints a voluntary administrator, the executor if there is a will or the closest relative if not, and issues a certificate for each asset; the filing fee is $1.00. The voluntary administration guide and probate process guide go through the steps.

Recording a deed to your trustee with the Westchester County Clerk

The Land Records Division records all documents pertaining to real property transactions occurring in the County of Westchester, and its Record a Deed page says it is the filer's responsibility to take the proper steps to ensure the document meets all legal requirements for recording. The office will help with recording questions but, the page says, cannot offer advice on how to prepare the papers, such as a deed; for that it points to an attorney.

The four things every deed must come with

To be accepted for recording, a deed must be accompanied by a Recording and Endorsement Cover Page created on the clerk's Property Records Electronic Portal, a New York State Form TP-584 created in the portal, a Real Property Transfer Report, Form RP-5217, created in the portal, and a Payment Cover Page from the portal with the proper recording fees and tax payments. After recording, the deed is scanned and the original is returned to the address in the Record and Return box on the cover page; if you need a certified copy quickly, order it with a separate check when you submit the deed.

Fees on the clerk's Land Records schedule

The schedule's illustration: to record a three page deed for a residential property which lies in one municipality, the fee is $190 and each additional page is $5. The clerk's transfer tax note says that if the consideration for the property is greater than $500.00, New York State transfer tax of $2.00 for each $500.00 of consideration or fraction is due when the deed is presented; the page does not address a deed to your own trustee for no consideration, so confirm the tax treatment with the office. Certified copies are $5.00 for up to four pages and $1.25 per additional page.

Payment and e-recording

All fees are payable to the Westchester County Clerk. Transfer tax and mortgage tax must be paid by direct bank transfer, certified check, bank check, attorney escrow check or a check from an entity on the clerk's guaranteed vendor list; all other fees up to $500 may be paid by direct transfer, cash, check, money order or credit card (Visa, MasterCard, American Express or Discover), while taxes cannot go on a card. The clerk has accepted all land records documents electronically since September 24, 2012, either directly through its portal after a Registered Submitter Agreement and a pre-authorized debit account, each about a week to set up, or through the national electronic recording facilitators. The clerk's forms page also carries an affidavit of death for a transfer on death deed, the other recorded option covered in the transfer on death deed guide.

What a living trust changes

A will leaves the Yonkers home in your name until the Surrogate's Court admits the will and appoints the executor. A deed to the trustee of your living trust, recorded with the Westchester County Clerk while you are alive, moves title to the trustee now, so the home is no longer real property in your name alone and the successor trustee acts under the trust rather than under letters from the court. EPTL 7-1.17 requires the trust itself to be in writing and either acknowledged as a deed would be for recording or signed before two witnesses who also sign. The elective share guide explains what a surviving spouse keeps regardless of the trust.