N.Y. Real Property Actions & Proceedings Law Section 965
Payment of proceeds out of court in cases involving decedent’s property

Money paid into court under section 964 may be paid out of court to such parties as are entitled thereto by order of the court made upon motion of any party, and upon:

1.

Notice of motion to the executors or administrators of the decedent and the furnishing of an undertaking that the moving party will pay any and all claims, not exceeding the amount paid into court, when required by order of the court or by order of the surrogate of the surrogate’s court in a proceeding to mortgage, lease or sell the real property of such decedent; except that where a final accounting has been had in the estate of such decedent in a surrogate’s court, and certified copies of the account and decree of final settlement, showing that all of the debts of the decedent have been paid in full, is filed with the court having jurisdiction of the fund, the court may dispense with the furnishing of an undertaking; or

2.

The furnishing of the certificate of the surrogate of the county of which any such decedent was a resident at the time of his death, showing that eighteen months have elapsed since the issuing of letters testamentary or letters of administration, as the case may be, upon the estate of said decedent, and that no proceedings for the mortgage, lease or sale of the real property of such decedent for the payment of his debts or funeral expenses, or both, is pending, and the certificate of the county clerk of the county where the real property sold under the interlocutory judgment is located, showing that no notice of pendency of action in respect to such real property has been filed in his office. The certificate of the surrogate required herein may be executed in the name of the surrogate by the clerk of the surrogate’s court under the seal of the court.

Source: Section 965 — Payment of proceeds out of court in cases involving decedent's property, https://www.­nysenate.­gov/legislation/laws/RPA/965 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

901
By whom maintainable 903
Necessary defendants 904
Permissible defendants 905
Complaint 907
Trial of title or interest 911
Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown... 913
Inquiry as to creditors 915
Interlocutory judgment 916
Interlocutory judgment directing partial partition 917
Interlocutory judgment directing partition in common 918
Interlocutory judgment directing sale or exception of lien or dower interest 919
Interlocutory judgment directing credit on sale 921
Actual partition 922
Meeting of commissioners 923
Security for credit on sale 925
Report of sale 927
Contents of judgment after actual partition 928
Effect of judgment after actual partition 929
Lien of creditor upon share partitioned 931
Contents of judgment after sale 933
Effect of judgment after sale 941
Judgment as to parties having interest in entire property 943
Judgment directing compensation to equalize partition 945
Judgment adjusting rents and profits 947
Judgment affecting state tax claim 951
Recording of judgment 961
Disposition of proceeds of sale 962
Payment of proceeds into court where there are liens 963
Payment of proceeds out of court where there are liens 964
Payment of proceeds into court in cases involving decedent’s property 965
Payment of proceeds out of court in cases involving decedent’s property 966
Payment of proceeds directly to parties in cases involving decedent’s property 967
Payment of proceeds to owner of particular or future estate 968
Manner of payment of proceeds to owner of particular or future estate 969
Shares of infant, incompetent or conservatee 970
Shares of unknown or absent owner 971
Security for refund 973
Report of disposition of proceeds 981
Costs and expenses 991
Proceeding for share of unknown heirs 992
Judgment in proceeding for share of unknown heirs 993
Uniform partition of heirs property act
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 965’s source at nysenate​.gov

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