2006 New York Code - Perfection Of Title

 
  § 6-6.4 Perfection of title
    (a)  If  the title to any property to which this part applies was held
  by the decedent at the time of death, title of the surviving spouse  may
  be  perfected  by  an order of the surrogate's court having jurisdiction
  over the decedent's estate or by  execution  of  an  instrument  by  the
  personal   representative   or   the   testamentary   beneficiaries   or
  distributees of the decedent with the approval of the  court,  upon  due
  notice to all persons who would be required to be served with process in
  a  proceeding  under  section  twenty-two hundred ten of the surrogate's
  court procedure act. Neither the personal representative nor  the  court
  has  a  duty to discover or attempt to discover whether property held by
  the decedent is property to which this part applies,  unless  a  written
  demand  is  made  by  the  surviving spouse or the spouse's successor in
  interest.
    (b) If the title to any property to which this part applies is held by
  the surviving spouse at the time of the decedent's death,  the  personal
  representative  or  a  testamentary  beneficiary  or  distributee of the
  decedent may institute an action to perfect title to the  property.  The
  personal  representative has no fiduciary duty to discover or attempt to
  discover whether any property held by the surviving spouse  is  property
  to  which  this  part  applies,  unless  a  written  demand is made by a
  testamentary beneficiary, distributee or creditor of the decedent.