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This entry was published on 2014-09-22
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SECTION 1812
Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18
§ 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.