New York Laws
Article 12 - Registering Title to Real Property
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.

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