EPTL 3-3.8 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 3-3.7 Testamentary disposition to trustee under, or in accordance with up PART 3 Rules Governing Testamentary Dispositions next SECTION 3-3.9 Testamentary direction to purchase annuities Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 3-3.8 Validity of a purchase of real property notwithstanding its Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 3 § 3-3.8 Validity of a purchase of real property notwithstanding its disposition by will The title of a purchaser of real property, in good faith and for valuable consideration, from a distributee of a person who died owning such property shall not be affected by a testamentary disposition of such property by the decedent, unless within two years after the testator's death the will disposing of the property is admitted to probate. If, however, at the time of the testator's death, the devisee is either an infant, incompetent, imprisoned for a term less than life, without the state or if the will was concealed by one or more of the distributees of the decedent, the two year period prescribed herein does not commence until the expiration of one year from the time of the removal of such disability or the delivery of the will to the devisee or to the surrogate having jurisdiction to admit the will to probate.