2010 New York Code
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
423-A - Form for transfer of property upon death of owner of registered property.

§  423-a.  Form  for  transfer  of  property  upon  death  of owner of
  registered property. The registrar may make available the form  for  the
  transfer  of  property  upon  the  death  of the owner of the registered
  property, which form in any event shall be as follows:
 
                                    FORM
 
  Article 12, Section 423 (a) R.P.L.
 
  ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE  LAW  AND
  MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.
 
                              -- * * * * * * --
 
   PETITION FOR REISSUANCE OF CERTIFICATE OF TITLE FOR SURVIVING SPOUSE OR
                   JOINT TENANT WITH RIGHT OF SURVIVORSHIP
 
  STATE OF NEW YORK}
  COUNTY OF        }  ss.:
 
  ____________ deponent ________________________ being duly sworn, deposes
  and says that he/she is the Petitioner herein residing at ______________
  address ________________ and of legal age, and
  that  he/she  is  the  surviving  spouse of ____________ name _________
  deceased. At the time of death, deponent was married  to  the  deceased,
  that  the  marriage had not been annulled or dissolved and that no legal
  separation had been obtained. OR that  he/she  is  the  surviving  joint
  tenant with right of survivorship.
  That  _________  deponent _____________ and ____________ spouse/deceased
  joint tenant ____________ were the registered owners as tenants  by  the
  entirety/joint  tenant  with right of survivorship of the property under
  Certificate of Title number __________.
  The deceased _______________ name  _______________  died  ______________
  date ________ as evidenced by a death certificate attached hereto.
  This  petition  is  being made pursuant to Section 423 R.P.L., to direct
  the Registrar of _____________ County to reissue  Certificate  of  Title
  number  ____________ to ____________ deponent ______________ residing at
  ______________ address ___________ for the following described property:
 
                          ((property description))
 
  (For JOINT TENANT petition only) Property is  subject  to  Estate  Taxes
  against  the estate of ______________ Joint Tenant __________, deceased,
  if any.
  The original Owner's  Duplicate  Certificate  of  Title  is  surrendered
  herewith  ((or))  The  production  of  the  original  Owner's  Duplicate
  Certificate  of  Title  is  hereby  dispensed   with,   by   reason   of
  _____________ lost/stolen ________________.
                                      __________________________  LS
                                      Petitioner(s)

VERIFICATION
  STATE OF NEW YORK}
  COUNTY OF        } ss.:
 
  I/we ___________________________ being sworn, say(s):
  I/we  am/are  the Petitioner(s) in the within action; I/we have read the
  foregoing Petition and know the contents thereof; the same is true to my
  own knowledge, except as to the matters herein stated to be  alleged  on
  information and belief, and as to those matters I/we believe to be true,
  and have furnished the following proof of identification.
 
                                      ____________________________LS
                                      Petitioner(s)
  Sworn to before me this ____________
  day of _______________ 19______.
  ____________________
  Notary Public
 
                                    FORM
 
  Article 12, Section 423 (b) R.P.L.
 
  ANY  FALSE  STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE LAW AND
  MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.
 
                               -- * * * * * --
 
                PETITION FOR ISSUANCE OF CERTIFICATE OF TITLE
                        FOR ADMINISTRATOR OR EXECUTOR
 
  STATE OF NEW YORK}
  COUNTY OF        } ss.:
 
  ___________ deponent _______________________________ being  duly  sworn,
  deposes  and  says  that  he/she is the Petitioner herein and resides at
  ____________________ address _____________________ and of legal age;
  That  he/she  is   the   Administrator/Executor   of   the   estate   of
  _____________, deceased.
  That ____________________ name ______________________ was the registered
  owner    of   the   property   under   Certificate   of   Title   number
  ________________.
  The deceased, ________________ name ______________ died  _______________
  date _____________ as evidenced by a death certificate attached hereto.
  ___________________    name    _______________,   has   been   appointed
  Administrator/Executor  of   the   estate   of   ____________   deceased
  ___________    as    evidenced    by    the    original    Letters    of
  Administration/Testamentary and certified  copy  of  the  will  attached
  hereto.
  1. That a Release of Estate Tax is attached hereto
  2. That the Gross Estate does not exceed $600,000
  3.  Subject to the Estate Taxes against the estate of _________________,
  deceased, if any.
  This petition is being made to direct the Registrar of _________________
  County, to issue a new  Certificate  of  Title  to  ______________  name
  __________________,   as   Administrator/Executor   of   the  Estate  of
  __________________, deceased, residing at _____________________  address
  __________________ for the following described property.

OR
 
  This   petition   is   being   made   to   direct   the   Registrar   of
  __________________ County to issue a new Certificate of Title  upon  the
  filing  of an Administrator/Executor's deed to ______________ grantee in
  the  deed  _________________,  residing  at  _________________   address
  __________________ for the following described property:
 
                          ((property description))
 
  The  original  Owner's  Duplicate  Certificate  of  Title is surrendered
  herewith  ((or))  The  production  of  the  original  Owner's  Duplicate
  Certificate   of   Title   is   hereby  dispensed  with,  by  reason  of
  _____________ lost/stolen _________________.
 
                                      ___________________________ LS
                                      PETITIONER
 
                                VERIFICATION
 
  State of New York}
  County of        } ss.:
 
  I ____________________________being sworn, say: I am the  Petitioner  in
  the  within  action;  I  have  read  the foregoing Petition and know the
  contents thereof: the same is true to my own knowledge, except as to the
  matters herein stated to be alleged on information and belief, and as to
  those matters I believe to be true, and  have  furnished  the  following
  proof of identification: ____________________________________________.
 
                                      __________________________  LS
                                      PETITIONER
  Sworn to before me this __________
  day of ____________ 19_____.
  ___________________________
  NOTARY PUBLIC

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