N.Y. Real Property Actions & Proceedings Law § 965: Payment of proceeds out of court in cases involving decedent's property

§ 965. Payment of proceeds out of court in cases involving decedent's

property. Money paid into court under section 964 may be paid out of

court to such parties as are entitled thereto by order of the court made

upon motion of any party, and upon:

1. Notice of motion to the executors or administrators of the decedent

and the furnishing of an undertaking that the moving party will pay any

and all claims, not exceeding the amount paid into court, when required

by order of the court or by order of the surrogate of the surrogate's

court in a proceeding to mortgage, lease or sell the real property of

such decedent; except that where a final accounting has been had in the

estate of such decedent in a surrogate's court, and certified copies of

the account and decree of final settlement, showing that all of the

debts of the decedent have been paid in full, is filed with the court

having jurisdiction of the fund, the court may dispense with the

furnishing of an undertaking; or

2. The furnishing of the certificate of the surrogate of the county of

which any such decedent was a resident at the time of his death, showing

that eighteen months have elapsed since the issuing of letters

testamentary or letters of administration, as the case may be, upon the

estate of said decedent, and that no proceedings for the mortgage, lease

or sale of the real property of such decedent for the payment of his

debts or funeral expenses, or both, is pending, and the certificate of

the county clerk of the county where the real property sold under the

interlocutory judgment is located, showing that no notice of pendency of

action in respect to such real property has been filed in his office.

The certificate of the surrogate required herein may be executed in the

name of the surrogate by the clerk of the surrogate's court under the

seal of the court.