N.Y. Real Property Law § 274: Transfers and mortgages of interest in decedents' estates

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

Every conveyance, assignment, or other transfer of, and every mortgage

or other charge upon the interest, or any part thereof, of any person in

the estate of a decedent which is situated within this state, shall be

in writing, and shall be acknowledged or proved in the manner required

to entitle conveyances of real property to be recorded. Any such

instrument may also be recorded as hereinafter provided; and if not so

recorded, it is void against any subsequent purchaser or mortgagee of

the same interest or any part thereof, in good faith and for a valuable

consideration, whose conveyance or mortgage is first duly recorded. If

such interest is entirely in the real property of a decedent, the

conveyance or mortgage shall be recorded in the office of the recording

officer where such real property is situated. If such interest is in

both the personal and the real property of a decedent the conveyance or

mortgage shall be recorded in the office of the surrogate issuing

letters testamentary or letters of administration upon the said

decedent's estate, or if no such letters have been issued, then in the

office of the surrogate having jurisdiction to issue the same, and also

in the office of the said recording officer. Such a conveyance or

mortgage when so recorded, shall be indexed under the name of the

decedent, in a book to be kept for the purpose by each recording

officer. The person presenting any such instrument for record shall pay

to the clerk of the surrogate's court a fee of ten cents for each folio.

Such filing or recording shall not be deemed notice of such conveyance,

assignment or other transfer of, or mortgage or other lien or charge

upon the interest, or any part thereof of any person in the estate of a

decedent which is situated within the state, so as to charge the legal

representative of the estate with liability for payment to a legatee or

other beneficiary of an estate unless and until he shall have received

actual notice of such conveyance, assignment or other transfer.