Legislation
SECTION 274
Transfers and mortgages of interest in decedents' estates
Real Property (RPP) CHAPTER 50, ARTICLE 8
§ 274. Transfers and mortgages of interest in decedents' estates.
Every conveyance, assignment, or other transfer of, and every mortgage
or other charge upon the interest, or any part thereof, of any person in
the estate of a decedent which is situated within this state, shall be
in writing, and shall be acknowledged or proved in the manner required
to entitle conveyances of real property to be recorded. Any such
instrument may also be recorded as hereinafter provided; and if not so
recorded, it is void against any subsequent purchaser or mortgagee of
the same interest or any part thereof, in good faith and for a valuable
consideration, whose conveyance or mortgage is first duly recorded. If
such interest is entirely in the real property of a decedent, the
conveyance or mortgage shall be recorded in the office of the recording
officer where such real property is situated. If such interest is in
both the personal and the real property of a decedent the conveyance or
mortgage shall be recorded in the office of the surrogate issuing
letters testamentary or letters of administration upon the said
decedent's estate, or if no such letters have been issued, then in the
office of the surrogate having jurisdiction to issue the same, and also
in the office of the said recording officer. Such a conveyance or
mortgage when so recorded, shall be indexed under the name of the
decedent, in a book to be kept for the purpose by each recording
officer. The person presenting any such instrument for record shall pay
to the clerk of the surrogate's court a fee of ten cents for each folio.
Such filing or recording shall not be deemed notice of such conveyance,
assignment or other transfer of, or mortgage or other lien or charge
upon the interest, or any part thereof of any person in the estate of a
decedent which is situated within the state, so as to charge the legal
representative of the estate with liability for payment to a legatee or
other beneficiary of an estate unless and until he shall have received
actual notice of such conveyance, assignment or other transfer.
Every conveyance, assignment, or other transfer of, and every mortgage
or other charge upon the interest, or any part thereof, of any person in
the estate of a decedent which is situated within this state, shall be
in writing, and shall be acknowledged or proved in the manner required
to entitle conveyances of real property to be recorded. Any such
instrument may also be recorded as hereinafter provided; and if not so
recorded, it is void against any subsequent purchaser or mortgagee of
the same interest or any part thereof, in good faith and for a valuable
consideration, whose conveyance or mortgage is first duly recorded. If
such interest is entirely in the real property of a decedent, the
conveyance or mortgage shall be recorded in the office of the recording
officer where such real property is situated. If such interest is in
both the personal and the real property of a decedent the conveyance or
mortgage shall be recorded in the office of the surrogate issuing
letters testamentary or letters of administration upon the said
decedent's estate, or if no such letters have been issued, then in the
office of the surrogate having jurisdiction to issue the same, and also
in the office of the said recording officer. Such a conveyance or
mortgage when so recorded, shall be indexed under the name of the
decedent, in a book to be kept for the purpose by each recording
officer. The person presenting any such instrument for record shall pay
to the clerk of the surrogate's court a fee of ten cents for each folio.
Such filing or recording shall not be deemed notice of such conveyance,
assignment or other transfer of, or mortgage or other lien or charge
upon the interest, or any part thereof of any person in the estate of a
decedent which is situated within the state, so as to charge the legal
representative of the estate with liability for payment to a legatee or
other beneficiary of an estate unless and until he shall have received
actual notice of such conveyance, assignment or other transfer.