EPTL 13-1.1 — Legislation
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PART 1
Assets of Decedent's Estate
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SECTION 13-1.2
Assets; debt due from executor to testator; effect of discharge
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SECTION 13-1.1
Certain assets considered personal property
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13, PART 1
§ 13-1.1 Certain assets considered personal property
(a) For purposes of the administration of an estate, the following
assets of the decedent are personal property and together with every
other species of personal property pass to the personal representative:
(1) Estates for years in real property, estates from year to year and
estates which were held by the decedent for the life of another person.
(2) An estate for years in real property given to an executor for the
payment of debts.
(3) Trade fixtures which may be removed without impairing the support
of the structure to which they are annexed. All other fixtures annexed
to land or structures do not pass to the personal representative, but
descend to the distributees or pass to the devisees.
(4) Crops growing on the land of the decedent at the time of his
death.
(5) Every kind of produce raised annually by labor or cultivation,
except growing grass and fruit ungathered.
(6) Rent reserved to the decedent which had accrued at the time of his
death.
(7) Debts secured by mortgages and moneys unpaid on contracts for the
sale of lands.