§ 274 — Transfers and mortgages of interest in decedents' estates

New York § 274

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 8: Conveyances and Mortgages

Text

§ 274. Transfers and mortgages of interest in decedents' estates.\nEvery conveyance, assignment, or other transfer of, and every mortgage\nor other charge upon the interest, or any part thereof, of any person in\nthe estate of a decedent which is situated within this state, shall be\nin writing, and shall be acknowledged or proved in the manner required\nto entitle conveyances of real property to be recorded. Any such\ninstrument may also be recorded as hereinafter provided; and if not so\nrecorded, it is void against any subsequent purchaser or mortgagee of\nthe same interest or any part thereof, in good faith and for a valuable\nconsideration, whose conveyance or mortgage is first duly recorded. If\nsuch interest is entirely in the real property of a decedent, the\nconveyance or mortgage shall be recorded in the office of the recording\nofficer where such real property is situated. If such interest is in\nboth the personal and the real property of a decedent the conveyance or\nmortgage shall be recorded in the office of the surrogate issuing\nletters testamentary or letters of administration upon the said\ndecedent's estate, or if no such letters have been issued, then in the\noffice of the surrogate having jurisdiction to issue the same, and also\nin the office of the said recording officer. Such a conveyance or\nmortgage when so recorded, shall be indexed under the name of the\ndecedent, in a book to be kept for the purpose by each recording\nofficer. The person presenting any such instrument for record shall pay\nto the clerk of the surrogate's court a fee of ten cents for each folio.\nSuch filing or recording shall not be deemed notice of such conveyance,\nassignment or other transfer of, or mortgage or other lien or charge\nupon the interest, or any part thereof of any person in the estate of a\ndecedent which is situated within the state, so as to charge the legal\nrepresentative of the estate with liability for payment to a legatee or\nother beneficiary of an estate unless and until he shall have received\nactual notice of such conveyance, assignment or other transfer.\n