2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
423 - Death of owner of registered property; transfer of property.

 
    §  423.  Death  of owner of registered property; transfer of property.
  Upon the death of an owner of registered  real  property,  it  shall  be
  incumbent  upon  the  surviving spouse or the joint tenant with right of
  survivorship to present to the registrar a petition on the annexed form,
  for the transfer of the  title  into  the  name  of  the  survivor.  The
  registrar  shall  upon  payment  of  the required fees, memorialize said
  petition showing the  change  of  ownership,  delete  the  name  of  the
  deceased,  and  recertify  title  to  the  new  owner  on  the  existing
  certificate of title. Upon the death of  an  owner  of  registered  real
  property,  it  shall  be incumbent upon the executor or administrator of
  the estate of the deceased, to present to the registrar  a  petition  on
  the  annexed  form,  for  the  transfer  of  title  into the name of the
  executor or administrator, or upon filing of a deed executed by the said
  executor or administrator, in the  name  of  the  grantee  therein.  The
  registrar  shall  upon  payment  of  the required fees, memorialize said
  petition showing the change of ownership, and issue a new certificate of
  title to the executor or administrator. Upon the death of  an  owner  of
  registered  real  property, having died intestate, it shall be incumbent
  upon the heirs-at-law to obtain a verified petition and order, consented
  to by the registrar, the state attorney general and signed by a  justice
  of  the  supreme  court.    Sufficient and conclusive evidence as to the
  heirs-at-law must be made part of the proceeding. Upon  filing  of  said
  completed  proceeding with the registrar, together with filing fees, the
  registrar shall issue a certificate of title as directed by the order.
    Upon the coming to age, or freedom from disability of a  person  whose
  guardian,  committee  or  conservator  is  a  registered  owner as above
  described, or upon a transfer of the powers and duties of  an  executor,
  trustee or other person acting in a representative capacity, or upon any
  other transfer of registered ownership or nominal change of ownership by
  death  or  process  of law or otherwise in a case not otherwise provided
  for by this article, a petition may be made to the court  for  an  order
  directing  the registrar as to the persons in whose name or names and in
  what manner the title shall be registered and a new certificate  issued;
  and  the court, on such petition and on due notice to the persons who in
  the opinion of the court shall  be  parties  in  interest  and  after  a
  hearing, if deemed necessary or proper, shall enter an order prescribing
  the name or names and the manner in which the title shall be registered.
    Any  petition  permitted  under this section shall, in addition to any
  other proper allegations, set  forth  the  names  and  known  places  of
  residence  of  the  petitioner  and  the  persons having or claiming any
  interest in the registered premises under a certificate of title,  or  a
  registered  instrument,  or  by  operation of law; and the people of the
  state of New York, with  reference  to  which  latter  party  a  further
  allegation  shall  be  made in substantial conformity with the statement
  pertaining to the state of New York provided for under  subdivision  (d)
  of  section  three  hundred  seventy-nine of this article. Such petition
  shall be filed with the clerk  of  the  county  in  which  the  original
  registration  was  had,  and  a  copy  thereof  shall  be filed with the
  registrar of such county, who shall memorialize said  copy  of  petition
  upon  the  last original certificate to which it relates, which memorial
  shall also have the same effect as a notice of  pendency  of  an  action
  under  the  civil  practice  act.  Immediately  upon  the filing of such
  petition and a copy thereof as aforesaid, the court  shall  provide  for
  due  notice to be given to the parties in interest by entering an order,
  either directing the registrar to give notice of the  hearing  upon  the
  petition  to  the  parties  named therein, and to any additional parties
  named in the order who in the opinion of the court shall be  parties  in
  interest,  by  publishing  and mailing such notice at the expense of the

  petitioner,  in  the  manner  prescribed  in   section   three   hundred
  eighty-five  of  this  article  for  the  publication and mailing of the
  notice of hearing in an original  registration  proceeding;  or  in  the
  alternative,  directing that service of the notice be made personally in
  the manner provided for the personal service of a summons under  article
  twenty-five of the civil practice act, respecting which latter procedure
  involving  personal  service  the  court,  in its proper discretion, may
  provide that the notice be made returnable at any  time  not  less  than
  eight days after completion of service thereof and may fix the time when
  service  thereof  will  be  deemed  complete.  The form of the notice of
  hearing contemplated herein shall be  substantially  the  same  as  that
  provided  for  under  section  three hundred eighty-six of this article,
  except that it may be entitled "Transfer of Registration of Land Title,"
  and that the object of the proceeding may be stated  therein  to  be  to
  obtain  registration  of title in, and the issuance of a new certificate
  of title to,  the  petitioner  or  any  persons  entitled  thereto,  any
  appropriate  language  being sufficient. The notice may be subscribed by
  either the registrar, or the attorney for the petitioner,  as  the  case
  may  require.  The  certificate  of the registrar that he has served the
  notice as directed by the court, by publishing  and  mailing,  shall  be
  filed in the case, with any necessary affidavits in support of the same,
  on  or  before  the  return day, and shall be proof of such service. The
  court in a proper case may dispense with the mailing of  the  notice  of
  hearing,  in substantial conformity with the practice prescribed in rule
  fifty of the rules of civil  practice,  and  may  also  cause  other  or
  further notice of the petition to be given.