{"data":{"id":"us-ny/n.y.-estates-powers-trusts-law-12-2.3","jurisdiction":"us-ny","citation":"N.Y. Estates, Powers \u0026 Trusts Law § 12-2.3","heading":"Effect of application to surrogate to sell real property","body":"§ 12-2.3 Effect of application to surrogate to sell real property\n  If, during the pendency of an action to enforce a liability created by\nthis article against a distributee or devisee of real property, a\nproceeding is pending or is subsequently commenced for the judicial\nsettlement of the account of the personal representative, the action\ninsofar as it affects any real property of the decedent shall be stayed\nuntil the accounting proceeding is concluded without an application for\nan order, under SCPA article 19, to dispose of real property of the\ndecedent for the payment of debts, funeral or administration expenses\nhaving been made or, if made, without such an order having been granted.\nIf such an order is granted, the action shall be dismissed as to the\nreal property ordered to be disposed of and the plaintiff remitted to\nthe enforcement of his rights against the proceeds of the real property\nheld by the personal representative.  Nothing contained herein precludes\na person from asserting any right he may have under this article with\nrespect to any other property of the decedent.","path":["Estates, Powers \u0026 Trusts Law","Article 12. Actions By Creditors and Other Persons Against Distributees and Testamentary Beneficiaries","Part 2. Rules Governing Action to Enforce Liability"],"source_url":"https://legislation.nysenate.gov/api/3/laws/EPT/12-2.3","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"b8b68e6f135d9899944e67ddbec2bec6353defd6c08a9fc7fc8c8d470ce14d23","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-estates-powers-trusts-law-12-2.2","next":"us-ny/n.y.-estates-powers-trusts-law-12-2.4"},"notice":"GroundRules: Original legal text. Not legal advice."}