N.Y. Estates, Powers & Trusts Law § 6-6.4: Perfection of title

§ 6-6.4 Perfection of title

(a) If the title to any property to which this part applies was held

by the decedent at the time of death, title of the surviving spouse may

be perfected by an order of the surrogate's court having jurisdiction

over the decedent's estate or by execution of an instrument by the

personal representative or the testamentary beneficiaries or

distributees of the decedent with the approval of the court, upon due

notice to all persons who would be required to be served with process in

a proceeding under section twenty-two hundred ten of the surrogate's

court procedure act. Neither the personal representative nor the court

has a duty to discover or attempt to discover whether property held by

the decedent is property to which this part applies, unless a written

demand is made by the surviving spouse or the spouse's successor in

interest.

(b) If the title to any property to which this part applies is held by

the surviving spouse at the time of the decedent's death, the personal

representative or a testamentary beneficiary or distributee of the

decedent may institute an action to perfect title to the property. The

personal representative has no fiduciary duty to discover or attempt to

discover whether any property held by the surviving spouse is property

to which this part applies, unless a written demand is made by a

testamentary beneficiary, distributee or creditor of the decedent.