2006 New York Code - Transfers And Mortgages Of Interest In Decedents\' Estates.

 
    §  274.  Transfers  and  mortgages  of interest in decedents' estates.
  Every conveyance, assignment, or other transfer of, and  every  mortgage
  or other charge upon the interest, or any part thereof, of any person in
  the  estate  of a decedent which is situated within this state, shall be
  in writing, and shall be acknowledged or proved in the  manner  required
  to  entitle  conveyances  of  real  property  to  be  recorded. Any such
  instrument may also be recorded as hereinafter provided; and if  not  so
  recorded,  it  is  void against any subsequent purchaser or mortgagee of
  the same interest or any part thereof, in good faith and for a  valuable
  consideration,  whose conveyance or mortgage is first duly recorded.  If
  such interest is entirely in  the  real  property  of  a  decedent,  the
  conveyance  or mortgage shall be recorded in the office of the recording
  officer where such real property is situated. If  such  interest  is  in
  both  the personal and the real property of a decedent the conveyance or
  mortgage shall be recorded  in  the  office  of  the  surrogate  issuing
  letters   testamentary  or  letters  of  administration  upon  the  said
  decedent's estate, or if no such letters have been issued, then  in  the
  office  of the surrogate having jurisdiction to issue the same, and also
  in the office of the  said  recording  officer.  Such  a  conveyance  or
  mortgage  when  so  recorded,  shall  be  indexed  under the name of the
  decedent, in a book to  be  kept  for  the  purpose  by  each  recording
  officer.  The person presenting any such instrument for record shall pay
  to the clerk of the surrogate's court a fee of ten cents for each folio.
  Such filing or recording shall not be deemed notice of such  conveyance,
  assignment  or  other  transfer  of, or mortgage or other lien or charge
  upon the interest, or any part thereof of any person in the estate of  a
  decedent  which  is situated within the state, so as to charge the legal
  representative of the estate with liability for payment to a legatee  or
  other  beneficiary  of an estate unless and until he shall have received
  actual notice of such conveyance, assignment or other transfer.