SCPA 1812 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1811 Payment of debts and funeral expenses 1 up ARTICLE 18 Claims; Payment of Debts and Funeral Expenses next SECTION 1813 Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1812 Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against... Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18 § 1812. Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against a decedent's real property a judgment creditor shall present to the court a verified petition showing the facts and praying for such decree and that the person whose interest in the property will be affected by a sale by virtue of the execution and the fiduciary of the judgment debtor may be required to show cause why it should not be granted. Upon the presentation of the petition the court must issue process accordingly. The process must be served either personally or in such manner as directed by the court and upon the return thereof the court may make such decree as justice shall require.