1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 19: Disposition of Real Property


Section 1903 Limitations 1

Surrogate's Court Procedure (SCP)

Limitations

  1. Unless a proceeding under this article to satisfy a debt of the decedent is brought within 18 months from the date when letters were issued to the original fiduciary and unless such letters were granted within 2 years after the date of the death of the decedent the title of a purchaser or mortgagee from the distributee or devisee of the decedent which was acquired before the proceeding was instituted cannot be affected in any way by the proceeding.

  2. A proceeding under this article to satisfy any debt cannot be maintained when the real property is exempt by law from levy and sale by virtue of an execution.

  3. A proceeding under this article to satisfy a legacy expressly or impliedly charged on the real property must be instituted within 10 years from the date of the death of the decedent.