Uniform Rules § 207.47

Recording assignments of interest in estates · as in force on May 31, 2026

(a) No assignment of any right, share or interest in an estate of a decedent shall be filed or recorded unless accompanied by an affidavit in a form satisfactory to the court, which shall state whether any power of attorney or separate agreement exists which relates to such assignment or which fixes presently or prospectively the amount payable by or to the assignor.

(b) A copy of such separate agreement shall be annexed to the affidavit, if such separate agreement be in writing, and a statement of the substance thereof shall be incorporated in the affidavit if such separate agreement be oral. No assignment accompanied by a power of attorney shall be recorded unless such power of attorney be recorded.

Official sourcehttps://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court

In plain English

This rule controls filing or recording an assignment of an interest in a decedent's estate.

(a) No assignment of any right, share or interest in an estate shall be filed or recorded unless it comes with an affidavit satisfactory to the court stating whether any power of attorney or separate agreement exists that relates to the assignment or fixes, now or later, the amount payable by or to the assignor. ★
(b) If the separate agreement is written, a copy is attached to the affidavit; if oral, its substance is stated in the affidavit. No assignment that comes with a power of attorney shall be recorded unless the power of attorney is recorded. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.