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This entry was published on 2014-09-22
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SECTION 2215
Decree for payment and distribution 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 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.