Legislation
SECTION 13-2.2
Transfers and mortgages of interest in decedents' estates
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13, PART 2
§ 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.
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.