N.Y. Surrogate's Court Procedure Act § 2215: Decree for payment and distribution 1

§ 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.