N.Y. Real Property Actions & Proceedings Law § 1766: Distribution of proceeds on death of infant, incompetent or conservatee

§ 1766. Distribution of proceeds on death of infant, incompetent or

conservatee. If the infant should die before arriving at full age, or

the incompetent person should die before the incompetency is removed, or

the conservatee should die before the conservatorship is terminated not

leaving any personal property, or not leaving sufficient personal

property to pay funeral expenses and expenses that may be necessary or

necessarily incurred, then in each case, the proceeds of disposition of

real property are to be deemed personal property so far as may be

necessary to pay the funeral and other necessary expenses. The proceeds

are to be paid, upon order of the surrogate's court or court having

jurisdiction of the estate of the deceased, to an administrator

appointed by the surrogate to administer upon decedent's estate, and

after paying all funeral expenses and expenses of administration and any

indebtedness, the remainder, if any there be, upon the order of the

surrogate, shall be paid into the hands of the trustee who held the

same, to be distributed as the law directs.