Legislation
SECTION 3-3.8
Validity of a purchase of real property notwithstanding its
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 3
§ 3-3.8 Validity of a purchase of real property notwithstanding its
disposition by will
The title of a purchaser of real property, in good faith and for
valuable consideration, from a distributee of a person who died owning
such property shall not be affected by a testamentary disposition of
such property by the decedent, unless within two years after the
testator's death the will disposing of the property is admitted to
probate. If, however, at the time of the testator's death, the devisee
is either an infant, incompetent, imprisoned for a term less than life,
without the state or if the will was concealed by one or more of the
distributees of the decedent, the two year period prescribed herein does
not commence until the expiration of one year from the time of the
removal of such disability or the delivery of the will to the devisee or
to the surrogate having jurisdiction to admit the will to probate.
disposition by will
The title of a purchaser of real property, in good faith and for
valuable consideration, from a distributee of a person who died owning
such property shall not be affected by a testamentary disposition of
such property by the decedent, unless within two years after the
testator's death the will disposing of the property is admitted to
probate. If, however, at the time of the testator's death, the devisee
is either an infant, incompetent, imprisoned for a term less than life,
without the state or if the will was concealed by one or more of the
distributees of the decedent, the two year period prescribed herein does
not commence until the expiration of one year from the time of the
removal of such disability or the delivery of the will to the devisee or
to the surrogate having jurisdiction to admit the will to probate.