§ 6-6.4 Perfection of title

(a) If the title to any property to which this part applies was held
by the decedent at the time of death, title of the surviving spouse may
be perfected by an order of the surrogate's court having jurisdiction
over the decedent's estate or by execution of an instrument by the
personal representative or the testamentary beneficiaries or
distributees of the decedent with the approval of the court, upon due
notice to all persons who would be required to be served with process in
a proceeding under section twenty-two hundred ten of the surrogate's
court procedure act. Neither the personal representative nor the court
has a duty to discover or attempt to discover whether property held by
the decedent is property to which this part applies, unless a written
demand is made by the surviving spouse or the spouse's successor in
interest.

(b) If the title to any property to which this part applies is held by
the surviving spouse at the time of the decedent's death, the personal
representative or a testamentary beneficiary or distributee of the
decedent may institute an action to perfect title to the property. The
personal representative has no fiduciary duty to discover or attempt to
discover whether any property held by the surviving spouse is property
to which this part applies, unless a written demand is made by a
testamentary beneficiary, distributee or creditor of the decedent.