§ 6-6.4 — Perfection of title

New York § 6-6.4

• Jurisdiction: New York
• Law EPT: Estates, Powers & Trusts
• Part 6: Disposition of Community Property Rights At Death
• Art. 6: Classification, Creation, Definition Of, and Rules Governing Estates In Property

Text

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