§ 13-2.2 Transfers and mortgages of interest in decedents' estates\n required to be in writing and recorded\n (a) Every conveyance, assignment or other transfer of, and every\nmortgage, security interest in or other charge upon the interest,\nsituated in this state, of a person in the estate of a decedent, which\nis situated in this state, shall be in writing and acknowledged or\nproved in the manner prescribed by the laws of this state for the\nrecording of a conveyance of real property. Any such instrument may be\nrecorded as hereinafter provided, and if not so recorded, it is void\nagainst any subsequent purchaser or mortgagee of such interest, in good\nfaith and for valuable consideration, whose conveyance or mortgage is\nfirst duly recorded. If such interest is entirely in the personal\nproperty of a decedent, the conveyance or mortgage may be recorded in\nthe office of the surrogate granting letters on such decedent's estate\nor, if no such letters have been granted, in the office of the surrogate\nhaving jurisdiction to grant them. If a security interest, subject to\narticle 9 of the uniform commercial code, is created by a transaction\ndescribed in this paragraph, a financing statement shall be filed as\nrequired by section 9--501 of such code. If such interest is in both the\npersonal and the real property of a decedent, the conveyance or mortgage\nmay be recorded in the office of such surrogate and in the office of the\nrecording official of the county in which the real property is situated\nand, if a security interest in personal property is created, a financing\nstatement shall be filed in accordance with section 9--401 of the\nuniform commercial code. Such a conveyance or mortgage, when so\nrecorded, shall be indexed under the name of the decedent in a book to\nbe kept for that purpose by each recording officer.\n (b) Such filing or recording shall not be notice of such conveyance,\nassignment or other transfer of, or mortgage, security interest or other\ncharge upon the interest, situated in this state, of any person in the\nestate of a decedent so as to charge a personal representative of the\nestate with liability for payment to a beneficiary of the estate, unless\nand until he has received actual notice of any such transfer, mortgage\nor other charge.\n (c) In case of a conflict between this section and article 9 of the\nuniform commercial code, this section controls.\n
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