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New York Surrogate's Court Procedure - Article 22 - § 2215 Decree for Payment and Distribution

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 22 - § 2215 Decree for Payment and Distribution

 
  § 2215. Decree for payment and distribution
    1.  Where  an  account  is  judicially  settled  as prescribed in this
  article and  any  part  of  the  estate  remains  and  is  ready  to  be
  distributed   the  decree  must  direct  the  payment  and  distribution
  therefrom of the shares of the persons entitled thereto, except that  no
  decree  of  distribution  shall  be  made in an accounting proceeding in
  which there has been a disposition of real property pursuant to  article
  19  commenced  within  6 months from the grant of letters until time for
  the presentation of claims as fixed by a published notice has expired or
  7 months have expired since letters were first issued and  if  there  be
  creditors  who  were  not  served  with  process  upon  the petition for
  accounting, until supplemental process shall have issued to them.
    2. The court may award to a surviving spouse or child the same  relief
  as  to  set-off of exempt property which may be awarded in such person's
  favor on a petition presented as prescribed in 2102.
    3. If any creditor or person interested has received estate assets  in
  excess  of  the amount determined on the settlement of the account to be
  due him the court is authorized to direct in the decree repayment by him
  of the excess to the fiduciary of the estate  or  otherwise  as  justice
  shall  require and the exercise of such power by the court heretofore is
  confirmed.

Last modified: February 18, 2012