SCPA 2215 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2214 Property of estate to be delivered on order 1 up ARTICLE 22 Accounting next SECTION 2216 Distribution in kind At any time during the administration of an estate or upon an accounting the court may direct the conveyance of any ... Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 2215 Decree for payment and distribution 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22 § 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.