Section 13-2.2. Transfers and mortgages of interest in decedents' estates  


Latest version.
  • 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.