Senate Bill S4010

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4010

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 14, 2011
                               ___________

Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to requiring  regist-
  rars of title to real property to provide written notice to the asses-
  sor of the local assessing unit upon the death of the registered owner
  of real property

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 423 of the real property law, as amended by chapter
780 of the laws of 1951, the opening paragraph as added by  chapter  640
of  the  laws  of  1991, the second undesignated paragraph as amended by
chapter 115 of the laws of 1981, is amended to read as follows:
  S 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 regist-
rar  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, WHO HELD A  LIFE
ESTATE  IN SUCH PROPERTY, IT SHALL BE INCUMBENT UPON THE REMAINDERMAN TO
PRESENT TO THE REGISTRAR A PETITION, FOR THE TRANSFER OF THE TITLE  INTO
THE  NAME  OF  THE REMAINDERMAN. THE REGISTRAR SHALL UPON PAYMENT OF THE
REQUIRED FEES, MEMORIALIZE SAID PETITION SHOWING THE  CHANGE  OF  OWNER-
SHIP,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07217-01-1
              

S. 4010                             2

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 hear-
ing, 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 resi-
dence 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)] (C) 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  certif-
icate  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] ARTICLE SIXTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES.  Immediate-
ly 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 inter-
est 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] THREE of the civil practice [act]
LAW AND RULES, 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

S. 4010                             3

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 prac-
tice, and may also cause other or further notice of the petition  to  be
given.
  WITHIN  TEN  BUSINESS DAYS OF NOTICE TO THE REGISTRAR OF THE CHANGE OF
OWNERSHIP OF REAL PROPERTY PURSUANT  TO  THIS  SECTION,  SUCH  REGISTRAR
SHALL PROVIDE WRITTEN NOTICE OF SUCH CHANGE OF OWNERSHIP TO THE ASSESSOR
OF  THE LOCAL ASSESSING UNIT IN WHICH THE REAL PROPERTY IS SITUATE. SUCH
WRITTEN NOTICE SHALL INCLUDE THE NAME AND ADDRESS OF THE NEW OWNER,  AND
SHALL  BE  PROVIDED ON A FORM ESTABLISHED BY THE OFFICE OF REAL PROPERTY
SERVICES.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.