SCPA 1915 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1914 Execution of the order; decree of judicial settlement 1 up ARTICLE 19 Disposition of Real Property next SECTION 1916 Provision for payment of undetermined claims and debts not yet due If any claim remains undetermined at the making of the decree or any d... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1915 Allowance on bid to spouse, beneficiary or creditor purchasing 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19 § 1915. Allowance on bid to spouse, beneficiary or creditor purchasing 1. If upon a sale a spouse, beneficiary or creditor of the decedent becomes the purchaser of any of the decedent's real property the court may, upon his application, direct the amount of his elective share, legacy, distributive share or claim, as the case may be, to be allowed, in the first instance, upon the purchase price and such purchaser shall be required to pay only the balance at the time of the sale. 2. If the proceeds of the decedent's real property shall be insufficient to satisfy the cost and expenses of administration and the debts and funeral expenses of the decedent, the purchasing spouse, beneficiary or creditor shall be allowed and credited upon the judicial settlement of the accounts of the fiduciary only the amount he may be entitled to receive upon his elective share, legacy, distributive share or claim and shall then pay the difference between the amount originally allowed and amount he is entitled to receive. 3. If any purchaser has credit on his bid as above provided no deed shall be delivered to him until the judicial settlement of the accounts of the fiduciary and not until he shall have paid the entire amount required under the provisions of this section.