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New York · Through 2026-09-11

N.Y. Real Property Law § 423-a: Form for transfer of property upon death of owner of registered property

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Where this section sits in the code
  1. Real Property Law
  2. Article 12. Registering Title to Real Property

§ 423-a. Form for transfer of property upon death of owner of

registered property. The registrar may make available the form for the

transfer of property upon the death of the owner of the registered

property, which form in any event shall be as follows:

FORM

Article 12, Section 423 (a) R.P.L.

ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE LAW AND

MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.

-- * * * * * * --

PETITION FOR REISSUANCE OF CERTIFICATE OF TITLE FOR SURVIVING SPOUSE OR

JOINT TENANT WITH RIGHT OF SURVIVORSHIP

STATE OF NEW YORK}

COUNTY OF } ss.:

____________ deponent ________________________ being duly sworn, deposes

and says that he/she is the Petitioner herein residing at ______________

address ________________ and of legal age, and

that he/she is the surviving spouse of ____________ name _________

deceased. At the time of death, deponent was married to the deceased,

that the marriage had not been annulled or dissolved and that no legal

separation had been obtained. OR that he/she is the surviving joint

tenant with right of survivorship.

That _________ deponent _____________ and ____________ spouse/deceased

joint tenant ____________ were the registered owners as tenants by the

entirety/joint tenant with right of survivorship of the property under

Certificate of Title number __________.

The deceased _______________ name _______________ died ______________

date ________ as evidenced by a death certificate attached hereto.

This petition is being made pursuant to Section 423 R.P.L., to direct

the Registrar of _____________ County to reissue Certificate of Title

number ____________ to ____________ deponent ______________ residing at

______________ address ___________ for the following described property:

((property description))

(For JOINT TENANT petition only) Property is subject to Estate Taxes

against the estate of ______________ Joint Tenant __________, deceased,

if any.

The original Owner's Duplicate Certificate of Title is surrendered

herewith ((or)) The production of the original Owner's Duplicate

Certificate of Title is hereby dispensed with, by reason of

_____________ lost/stolen ________________.

__________________________ LS

Petitioner(s)

VERIFICATION

STATE OF NEW YORK}

COUNTY OF } ss.:

I/we ___________________________ being sworn, say(s):

I/we am/are the Petitioner(s) in the within action; I/we have read the

foregoing Petition and know the contents thereof; the same is true to my

own knowledge, except as to the matters herein stated to be alleged on

information and belief, and as to those matters I/we believe to be true,

and have furnished the following proof of identification.

____________________________LS

Petitioner(s)

Sworn to before me this ____________

day of _______________ 19______.

____________________

Notary Public

FORM

Article 12, Section 423 (b) R.P.L.

ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE STATE LAW AND

MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.

-- * * * * * --

PETITION FOR ISSUANCE OF CERTIFICATE OF TITLE

FOR ADMINISTRATOR OR EXECUTOR

STATE OF NEW YORK}

COUNTY OF } ss.:

___________ deponent _______________________________ being duly sworn,

deposes and says that he/she is the Petitioner herein and resides at

____________________ address _____________________ and of legal age;

That he/she is the Administrator/Executor of the estate of

_____________, deceased.

That ____________________ name ______________________ was the registered

owner of the property under Certificate of Title number

________________.

The deceased, ________________ name ______________ died _______________

date _____________ as evidenced by a death certificate attached hereto.

___________________ name _______________, has been appointed

Administrator/Executor of the estate of ____________ deceased

___________ as evidenced by the original Letters of

Administration/Testamentary and certified copy of the will attached

hereto.

1. That a Release of Estate Tax is attached hereto

2. That the Gross Estate does not exceed $600,000

3. Subject to the Estate Taxes against the estate of _________________,

deceased, if any.

This petition is being made to direct the Registrar of _________________

County, to issue a new Certificate of Title to ______________ name

__________________, as Administrator/Executor of the Estate of

__________________, deceased, residing at _____________________ address

__________________ for the following described property.

OR

This petition is being made to direct the Registrar of

__________________ County to issue a new Certificate of Title upon the

filing of an Administrator/Executor's deed to ______________ grantee in

the deed _________________, residing at _________________ address

__________________ for the following described property:

((property description))

The original Owner's Duplicate Certificate of Title is surrendered

herewith ((or)) The production of the original Owner's Duplicate

Certificate of Title is hereby dispensed with, by reason of

_____________ lost/stolen _________________.

___________________________ LS

PETITIONER

VERIFICATION

State of New York}

County of } ss.:

I ____________________________being sworn, say: I am the Petitioner in

the within action; I have read the foregoing Petition and know the

contents thereof: the same is true to my own knowledge, except as to the

matters herein stated to be alleged on information and belief, and as to

those matters I believe to be true, and have furnished the following

proof of identification: ____________________________________________.

__________________________ LS

PETITIONER

Sworn to before me this __________

day of ____________ 19_____.

___________________________

NOTARY PUBLIC

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