N.Y. Surrogate's Court Procedure Act § 1812: Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against...

§ 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.