N.Y. Real Property Law § 423: Death of owner of registered property; transfer of property

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

Upon the death of an owner of registered real property, it shall be

incumbent upon the surviving spouse or the joint tenant with right of

survivorship to present to the registrar a petition on the annexed form,

for the transfer of the title into the name of the survivor. The

registrar shall upon payment of the required fees, memorialize said

petition showing the change of ownership, delete the name of the

deceased, and recertify title to the new owner on the existing

certificate of title. Upon the death of an owner of registered real

property, it shall be incumbent upon the executor or administrator of

the estate of the deceased, to present to the registrar a petition on

the annexed form, for the transfer of title into the name of the

executor or administrator, or upon filing of a deed executed by the said

executor or administrator, in the name of the grantee therein. The

registrar shall upon payment of the required fees, memorialize said

petition showing the change of ownership, and issue a new certificate of

title to the executor or administrator. Upon the death of an owner of

registered real property, having died intestate, it shall be incumbent

upon the heirs-at-law to obtain a verified petition and order, consented

to by the registrar, the state attorney general and signed by a justice

of the supreme court. Sufficient and conclusive evidence as to the

heirs-at-law must be made part of the proceeding. Upon filing of said

completed proceeding with the registrar, together with filing fees, the

registrar shall issue a certificate of title as directed by the order.

Upon the coming to age, or freedom from disability of a person whose

guardian, committee or conservator is a registered owner as above

described, or upon a transfer of the powers and duties of an executor,

trustee or other person acting in a representative capacity, or upon any

other transfer of registered ownership or nominal change of ownership by

death or process of law or otherwise in a case not otherwise provided

for by this article, a petition may be made to the court for an order

directing the registrar as to the persons in whose name or names and in

what manner the title shall be registered and a new certificate issued;

and the court, on such petition and on due notice to the persons who in

the opinion of the court shall be parties in interest and after a

hearing, if deemed necessary or proper, shall enter an order prescribing

the name or names and the manner in which the title shall be registered.

Any petition permitted under this section shall, in addition to any

other proper allegations, set forth the names and known places of

residence of the petitioner and the persons having or claiming any

interest in the registered premises under a certificate of title, or a

registered instrument, or by operation of law; and the people of the

state of New York, with reference to which latter party a further

allegation shall be made in substantial conformity with the statement

pertaining to the state of New York provided for under subdivision (d)

of section three hundred seventy-nine of this article. Such petition

shall be filed with the clerk of the county in which the original

registration was had, and a copy thereof shall be filed with the

registrar of such county, who shall memorialize said copy of petition

upon the last original certificate to which it relates, which memorial

shall also have the same effect as a notice of pendency of an action

under the civil practice act. Immediately upon the filing of such

petition and a copy thereof as aforesaid, the court shall provide for

due notice to be given to the parties in interest by entering an order,

either directing the registrar to give notice of the hearing upon the

petition to the parties named therein, and to any additional parties

named in the order who in the opinion of the court shall be parties in

interest, by publishing and mailing such notice at the expense of the

petitioner, in the manner prescribed in section three hundred

eighty-five of this article for the publication and mailing of the

notice of hearing in an original registration proceeding; or in the

alternative, directing that service of the notice be made personally in

the manner provided for the personal service of a summons under article

twenty-five of the civil practice act, respecting which latter procedure

involving personal service the court, in its proper discretion, may

provide that the notice be made returnable at any time not less than

eight days after completion of service thereof and may fix the time when

service thereof will be deemed complete. The form of the notice of

hearing contemplated herein shall be substantially the same as that

provided for under section three hundred eighty-six of this article,

except that it may be entitled "Transfer of Registration of Land Title,"

and that the object of the proceeding may be stated therein to be to

obtain registration of title in, and the issuance of a new certificate

of title to, the petitioner or any persons entitled thereto, any

appropriate language being sufficient. The notice may be subscribed by

either the registrar, or the attorney for the petitioner, as the case

may require. The certificate of the registrar that he has served the

notice as directed by the court, by publishing and mailing, shall be

filed in the case, with any necessary affidavits in support of the same,

on or before the return day, and shall be proof of such service. The

court in a proper case may dispense with the mailing of the notice of

hearing, in substantial conformity with the practice prescribed in rule

fifty of the rules of civil practice, and may also cause other or

further notice of the petition to be given.