§ 423 — Death of owner of registered property; transfer of property

New York § 423

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12: Registering Title to Real Property

Text

§ 423. Death of owner of registered property; transfer of property.\nUpon the death of an owner of registered real property, it shall be\nincumbent upon the surviving spouse or the joint tenant with right of\nsurvivorship to present to the registrar a petition on the annexed form,\nfor the transfer of the title into the name of the survivor. The\nregistrar shall upon payment of the required fees, memorialize said\npetition showing the change of ownership, delete the name of the\ndeceased, and recertify title to the new owner on the existing\ncertificate of title. Upon the death of an owner of registered real\nproperty, it shall be incumbent upon the executor or administrator of\nthe estate of the deceased, to present to the registrar a petition on\nthe annexed form, for the transfer of title into the name of the\nexecutor or administrator, or upon filing of a deed executed by the said\nexecutor or administrator, in the name of the grantee therein. The\nregistrar shall upon payment of the required fees, memorialize said\npetition showing the change of ownership, and issue a new certificate of\ntitle to the executor or administrator. Upon the death of an owner of\nregistered real property, having died intestate, it shall be incumbent\nupon the heirs-at-law to obtain a verified petition and order, consented\nto by the registrar, the state attorney general and signed by a justice\nof the supreme court. Sufficient and conclusive evidence as to the\nheirs-at-law must be made part of the proceeding. Upon filing of said\ncompleted proceeding with the registrar, together with filing fees, the\nregistrar shall issue a certificate of title as directed by the order.\n Upon the coming to age, or freedom from disability of a person whose\nguardian, committee or conservator is a registered owner as above\ndescribed, or upon a transfer of the powers and duties of an executor,\ntrustee or other person acting in a representative capacity, or upon any\nother transfer of registered ownership or nominal change of ownership by\ndeath or process of law or otherwise in a case not otherwise provided\nfor by this article, a petition may be made to the court for an order\ndirecting the registrar as to the persons in whose name or names and in\nwhat manner the title shall be registered and a new certificate issued;\nand the court, on such petition and on due notice to the persons who in\nthe opinion of the court shall be parties in interest and after a\nhearing, if deemed necessary or proper, shall enter an order prescribing\nthe name or names and the manner in which the title shall be registered.\n Any petition permitted under this section shall, in addition to any\nother proper allegations, set forth the names and known places of\nresidence of the petitioner and the persons having or claiming any\ninterest in the registered premises under a certificate of title, or a\nregistered instrument, or by operation of law; and the people of the\nstate of New York, with reference to which latter party a further\nallegation shall be made in substantial conformity with the statement\npertaining to the state of New York provided for under subdivision (d)\nof section three hundred seventy-nine of this article. Such petition\nshall be filed with the clerk of the county in which the original\nregistration was had, and a copy thereof shall be filed with the\nregistrar of such county, who shall memorialize said copy of petition\nupon the last original certificate to which it relates, which memorial\nshall also have the same effect as a notice of pendency of an action\nunder the civil practice act. Immediately upon the filing of such\npetition and a copy thereof as aforesaid, the court shall provide for\ndue notice to be given to the parties in interest by entering an order,\neither directing the registrar to give notice of the hearing upon the\npetition to the parties named therein, and to any additional parties\nnamed in the order who in the opinion of the court shall be parties in\ninterest, by publishing and mailing such notice at the expense of the\npetitioner, in the manner prescribed in section three hundred\neighty-five of this article for the publication and mailing of the\nnotice of hearing in an original registration proceeding; or in the\nalternative, directing that service of the notice be made personally in\nthe manner provided for the personal service of a summons under article\ntwenty-five of the civil practice act, respecting which latter procedure\ninvolving personal service the court, in its proper discretion, may\nprovide that the notice be made returnable at any time not less than\neight days after completion of service thereof and may fix the time when\nservice thereof will be deemed complete. The form of the notice of\nhearing contemplated herein shall be substantially the same as that\nprovided for under section three hundred eighty-six of this article,\nexcept that it may be entitled "Transfer of Registration of Land Title,"\nand that the object of the proceeding may be stated therein to be to\nobtain registration of title in, and the issuance of a new certificate\nof title to, the petitioner or any persons entitled thereto, any\nappropriate language being sufficient. The notice may be subscribed by\neither the registrar, or the attorney for the petitioner, as the case\nmay require. The certificate of the registrar that he has served the\nnotice as directed by the court, by publishing and mailing, shall be\nfiled in the case, with any necessary affidavits in support of the same,\non or before the return day, and shall be proof of such service. The\ncourt in a proper case may dispense with the mailing of the notice of\nhearing, in substantial conformity with the practice prescribed in rule\nfifty of the rules of civil practice, and may also cause other or\nfurther notice of the petition to be given.\n