New York Laws
Article 12 - Registering Title to Real Property
423-A - Form for Transfer of Property Upon Death of Owner of Registered Property.

ยง 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

Structure New York Laws

New York Laws

RPP - Real Property

Article 12 - Registering Title to Real Property

370 - Petition to Register Title to Real Property.

371 - Petitions and Proceedings to Be in Supreme Court; Title Part of Special Term.

372 - County Clerks and Registers to Be Registrars of Title.

373 - Registrar's Bond.

374 - Deputy Registrars' Powers and Duties.

375 - Compensation of Registrars and Deputy Registrars, Official Examiners of Title, and Registration Clerks.

376 - Disposition of Fees Received by Registrar.

377 - Official Examiners of Title.

378 - What Owners May Apply; What Titles May Be Registered.

379 - Contents of Petition for Registration; Other Papers to Be Filed.

380 - Official Examiner's Report of Title; Other Evidences of Title.

381 - Survey, Map or Plan to Be Filed.

382 - Notice of Petition and of Pendency of Proceeding.

385 - Proceedings Upon the Petition; Notice of Hearing.

386 - Form of Notice to Parties.

388 - Guardian Ad Litem.

389 - Any Person Interested May Appear and Defend.

390 - Title in Lands Vested; Clouds Thereon Removed.

391 - Final Orders Conclusive; to Be Entered and Docketed as a Judgment.

392 - Fraud; Action to Set Aside or Appeal From the Final Order or Judgment of Registration or to Recover the Property.

393 - Registration of Title.

394 - Certificate of Title.

395 - Title Book.

396 - Duplicate Certificate of Title.

398 - Certificate to Include Dealings Pending Registration.

399 - Certificate of Title as Evidence.

400 - Rights of Owners of Registered Property; Exceptions; Incumbrances and Transfers to Be Filed.

401 - Registered Property Not Affected by Prescription or Adverse Possession.

402 - Fraud; Notice Only by Registration.

403 - Memorial to Be Carried Forward.

404 - Registered Property to Remain Registered.

404-A - Withdrawal From Registration in Certain Instances.

405 - Registered Property Subject to Same Rights and Burdens as Unregistered Property.

406 - Transfers of Registered Property.

407 - Certificate as to Part of Property Remaining After Transfer.

409 - Filing, Entering and Indexing Papers Pursuant to This Act; Tickler Certificate.

409-A - Entries in Other Indexes.

410 - Notice of Filed Papers.

411 - Addresses of Interested Parties; Notice.

412 - When a Transfer Is Deemed to Be Registered.

413 - New Certificates of Title.

414 - Loss of Duplicate Certificate.

415 - Mortgages, Leases and Other Liens and Charges; May Be Registered.

416 - Proceedings to Register Mortgage, Lease or Other Lien or Charge.

417 - Judgments, Decrees, Attachments and Other Liens to Be Noted on Certificate.

418 - Assignment of Mortgage, Lease, or Other Lien or Charge.

419 - Release, Discharge or Surrender of Charge or Incumbrance.

420 - Enforcement of Mortgages, Charges, Liens and Incumbrances.

421 - Powers of Attorney to Be Filed and Registered.

422 - Reference of Doubtful Matters to the Court.

423 - Death of Owner of Registered Property; Transfer of Property.

423-A - Form for Transfer of Property Upon Death of Owner of Registered Property.

426 - Assurance Fund.

427 - Compensation From Assurance Fund.

428 - Action Against Assurance Fund.

429 - Restrictions on Claims Against Assurance Fund.

430 - Penalties for Fraudulent Acts or False Certificates.

431 - Forgery and Fraudulent Stamping; Penalty.

432 - Fees to Be Charged.

433 - Construction of Article.

434 - Form for Official Examiner's Report of Title.

435 - Form for Certificate of Title.

436 - Ternination of Title Registration Procedures.