N.Y. Real Property Law 423-A – Form for transfer of property upon death of owner of registered 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:
Terms Used In N.Y. Real Property Law 423-A
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Executor: A male person named in a will to carry out the decedent
- Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
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:
1 (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 herewith2 The production of the original Owner's Duplicate Certificate of Title is hereby dispensed with, by reason of _____________ lost/stolen ________________.
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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.
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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.
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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:
3 The original Owner's Duplicate Certificate of Title is surrendered herewith4 The production of the original Owner's Duplicate Certificate of Title is hereby dispensed with, by reason of _____________ lost/stolen _________________.
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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: ____________________________________________.
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PETITIONER Sworn to before me this __________ day of ____________ 19_____. ___________________________ NOTARY PUBLIC