Certification of the acknowledgment or proof of a writing, except a will, in the manner prescribed by law for taking and certifying the acknowledgment or proof of a conveyance of real property within the state is prima facie evidence that it was executed by the person who purported to do so. A conveyance of real property, situated within another state, territory or jurisdiction of the United States, which has been duly authenticated, according to the laws of that state, territory or jurisdiction, so as to be read in evidence in the courts thereof, is admissible in evidence in the state.
R 4538.Acknowledged, proved or certified writing; conveyance of real property without the state.
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4538 makes a properly certified acknowledgment prima facie proof that the person named executed the writing, and separately admits out-of-state real property conveyances that were authenticated under the law of the state where they were made.
Full Text of CPLR 4538
Plain-English Summary
The first half of CPLR 4538 deals with acknowledgments, the formal process, usually before a notary, by which a person confirms that a signature on a document is theirs. When a writing (other than a will) carries a certified acknowledgment or proof made the way New York law requires for a real property conveyance, that certification is prima facie evidence that the person named executed it. A party offering the document does not need a witness to the signing; the certificate does the work.
The second half addresses conveyances of real property located outside New York. If a deed or similar document was authenticated under the law of the state, territory, or jurisdiction where the property sits, authenticated well enough to be read into evidence in that jurisdiction's own courts, New York courts will admit it too. This spares parties from re-proving execution under New York's rules when the property and the transaction never touched New York in the first place.
Together, the two provisions keep real estate litigation from bogging down in duplicative authentication fights, letting properly acknowledged or certified conveyances speak for themselves.
Frequently Asked Questions
Does a notarized acknowledgment prove a deed was validly signed in New York courts?
Yes. A properly certified acknowledgment or proof is prima facie evidence that the person named executed the writing, subject to rebuttal.
Does CPLR 4538 apply to wills?
No, the prima facie rule for acknowledged writings excludes wills, which have their own execution and proof requirements.
Can an out-of-state deed be used as evidence in a New York case?
Yes, as long as it was authenticated according to the law of the state or jurisdiction where the property is located, well enough to be admitted in that jurisdiction's own courts.
Do I still need the notary to testify about the acknowledgment?
No. The certificate of acknowledgment itself is prima facie evidence of execution, so the notary does not need to appear.
What if the opposing party disputes the acknowledgment?
Because the certificate only creates prima facie evidence, the opposing party may offer proof to rebut the presumption that the person named executed the writing.
Advisory Committee Notes
The first sentence of this rule is a restatement of former § 386 and replaces the first sentence of former § 392 and subd 1 of former § 384. The exception for a bill of exchange has been stricken. In 1948, the exception for “a promissory note” was omitted from the section in connection with a revision of the Banking, Debtor and Creditor, Decedent Estate, Insurance, Personal Property, Public Housing, and Real Property Laws relating to mortgage notes. Laws 1948, c. 744, § 14. There is no reason for inhibiting the use of acknowledgments on bills of exchange even though it is unlikely that they will be used in practice. On the other hand, since subscribing witnesses are required for wills, an exception for wills is retained. The last sentence of this rule is virtually identical with the last sentence of former § 392.
Amendment History
Formerly § 4538, add, L 1962, ch 308; amd, L 1962, ch 315, § 1; L 1963, ch 532, § 23, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: notarized deed evidence New Yorkacknowledgment of deed prima facie evidenceout of state deed admissible in New York courtproving execution of a conveyance CPLR