N.Y. Real Property Law Section 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 § 379 (Contents of petition for registration)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 § 385 (Proceedings upon the petition)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 § 386 (Form of notice to parties)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.

Source: Section 423 — Death of owner of registered property; transfer of property, https://www.­nysenate.­gov/legislation/laws/RPP/423 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

370
Petition to register title to real property
371
Petitions and proceedings to be in supreme court
372
County clerks and registers to be registrars of title
373
Registrar’s bond
374
Deputy registrars’ powers and duties
375
Compensation of registrars and deputy registrars, official examiners of title, and registration clerks
376
Disposition of fees received by registrar
377
Official examiners of title
378
What owners may apply
379
Contents of petition for registration
380
Official examiner’s report of title
381
Survey, map or plan to be filed
382
Notice of petition and of pendency of proceeding
385
Proceedings upon the petition
386
Form of notice to parties
388
Guardian ad litem
389
Any person interested may appear and defend
390
Title in lands vested
391
Final orders conclusive
392
Fraud
393
Registration of title
394
Certificate of title
395
Title book
396
Duplicate certificate of title
398
Certificate to include dealings pending registration
399
Certificate of title as evidence
400
Rights of owners of registered property
401
Registered property not affected by prescription or adverse possession
402
Fraud
403
Memorial to be carried forward
404
Registered property to remain registered
404‑A
Withdrawal from registration in certain instances
405
Registered property subject to same rights and burdens as unregistered property
406
Transfers of registered property
407
Certificate as to part of property remaining after transfer
409
Filing, entering and indexing papers pursuant to this act
409‑A
Entries in other indexes
410
Notice of filed papers
411
Addresses of interested parties
412
When a transfer is deemed to be registered
413
New certificates of title
414
Loss of duplicate certificate
415
Mortgages, leases and other liens and charges
416
Proceedings to register mortgage, lease or other lien or charge
417
Judgments, decrees, attachments and other liens to be noted on certificate
418
Assignment of mortgage, lease, or other lien or charge
419
Release, discharge or surrender of charge or incumbrance
420
Enforcement of mortgages, charges, liens and incumbrances
421
Powers of attorney to be filed and registered
422
Reference of doubtful matters to the court
423
Death of owner of registered property
423‑A
Form for transfer of property upon death of owner of registered property
424
Transfer on death deed
426
Assurance fund
427
Compensation from assurance fund
428
Action against assurance fund
429
Restrictions on claims against assurance fund
430
Penalties for fraudulent acts or false certificates
431
Forgery and fraudulent stamping
432
Fees to be charged
433
Construction of article
434
Form for official examiner’s report of title
435
Form for certificate of title
436
Termination of title registration procedures

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 423’s source at nysenate​.gov

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