N.Y. Estates, Powers & Trusts Law § 13-2.2: Transfers and mortgages of interest in decedents' estates

§ 13-2.2 Transfers and mortgages of interest in decedents' estates

required to be in writing and recorded

(a) Every conveyance, assignment or other transfer of, and every

mortgage, security interest in or other charge upon the interest,

situated in this state, of a person in the estate of a decedent, which

is situated in this state, shall be in writing and acknowledged or

proved in the manner prescribed by the laws of this state for the

recording of a conveyance of real property. Any such instrument may be

recorded as hereinafter provided, and if not so recorded, it is void

against any subsequent purchaser or mortgagee of such interest, in good

faith and for valuable consideration, whose conveyance or mortgage is

first duly recorded. If such interest is entirely in the personal

property of a decedent, the conveyance or mortgage may be recorded in

the office of the surrogate granting letters on such decedent's estate

or, if no such letters have been granted, in the office of the surrogate

having jurisdiction to grant them. If a security interest, subject to

article 9 of the uniform commercial code, is created by a transaction

described in this paragraph, a financing statement shall be filed as

required by section 9--501 of such code. If such interest is in both the

personal and the real property of a decedent, the conveyance or mortgage

may be recorded in the office of such surrogate and in the office of the

recording official of the county in which the real property is situated

and, if a security interest in personal property is created, a financing

statement shall be filed in accordance with section 9--401 of the

uniform commercial code. Such a conveyance or mortgage, when so

recorded, shall be indexed under the name of the decedent in a book to

be kept for that purpose by each recording officer.

(b) Such filing or recording shall not be notice of such conveyance,

assignment or other transfer of, or mortgage, security interest or other

charge upon the interest, situated in this state, of any person in the

estate of a decedent so as to charge a personal representative of the

estate with liability for payment to a beneficiary of the estate, unless

and until he has received actual notice of any such transfer, mortgage

or other charge.

(c) In case of a conflict between this section and article 9 of the

uniform commercial code, this section controls.