Section 6-6.4. Perfection of title  


Latest version.
  • (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.