N.Y. Real Property Law Section 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

Source: Section 423-A — Form for transfer of property upon death of owner of registered property, https://www.­nysenate.­gov/legislation/laws/RPP/423-A (updated Sep. 22, 2014; accessed Jun. 15, 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:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 423-A’s source at nysenate​.gov

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