New York Estates, Powers & Trusts Law Section 13-2.2 - Transfers and mortgages of interest in decedents' estates required to be in writing and recorded

13-2.2 Transfers  and  mortgages  of  interest  in  decedents' estates
         required to be in writing and recorded
(a) Every conveyance, assignment  or  other  transfer  of,  and  every
  mortgage,  security  interest  in  or  other  charge  upon the interest,
  situated in this state, of a person in the estate of a  decedent,  which
  is  situated  in  this  state,  shall  be in writing and acknowledged or
  proved in the manner prescribed by  the  laws  of  this  state  for  the
  recording  of  a conveyance of real property. Any such instrument may be
  recorded as hereinafter provided, and if not so  recorded,  it  is  void
  against  any subsequent purchaser or mortgagee of such interest, in good
  faith and for valuable consideration, whose conveyance  or  mortgage  is
  first  duly  recorded.  If  such  interest  is  entirely in the personal
  property of a decedent, the conveyance or mortgage may  be  recorded  in
  the  office  of the surrogate granting letters on such decedent's estate
  or, if no such letters have been granted, in the office of the surrogate
  having jurisdiction to grant them. If a security  interest,  subject  to
  article  9  of  the uniform commercial code, is created by a transaction
  described in this paragraph, a financing statement  shall  be  filed  as
  required by section 9--501 of such code. If such interest is in both the
  personal and the real property of a decedent, the conveyance or mortgage
  may be recorded in the office of such surrogate and in the office of the
  recording  official of the county in which the real property is situated
  and, if a security interest in personal property is created, a financing
  statement shall be filed  in  accordance  with  section  9--401  of  the
  uniform  commercial  code.  Such  a  conveyance  or  mortgage,  when  so
  recorded, shall be indexed under the name of the decedent in a  book  to
  be kept for that purpose by each recording officer.
(b)  Such  filing or recording shall not be notice of such conveyance,
  assignment or other transfer of, or mortgage, security interest or other
  charge upon the interest, situated in this state, of any person  in  the
  estate  of  a  decedent so as to charge a personal representative of the
  estate with liability for payment to a beneficiary of the estate, unless
  and until he has received actual notice of any such  transfer,  mortgage
  or other charge.
(c)  In  case  of a conflict between this section and article 9 of the
  uniform commercial code, this section controls.

Last modified: February 3, 2019