ยง 5208. Enforcement after death of judgment debtor; leave of court;
extension of lien. Except where otherwise prescribed by law, after the
death of a judgment debtor, an execution upon a money judgment shall not
be levied upon any debt owed to him or any property in which he has an
interest, nor shall any other enforcement procedure be undertaken with
respect to such debt or property, except upon leave of the surrogate's
court which granted letters testamentary or letters of administration
upon the estate. If such letters have not been granted within eighteen
months after the death, leave to issue such an execution or undertake
such enforcement procedure may thereafter be granted, upon motion of the
judgment creditor upon such notice as the court may require, by any
court from which the execution could issue or in which the enforcement
procedure could be commenced. A judgment lien existing against real
property at the time of a judgment debtor's death shall expire two years
thereafter or ten years after filing of the judgment-roll, whichever is
later.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 52 - Enforcement of Money Judgments
5201 - Debt or Property Subject to Enforcement; Proper Garnishee.
5202 - Judgment Creditor's Rights in Personal Property.
5203 - Priorities and Liens Upon Real Property.
5204 - Release of Lien or Levy Upon Appeal.
5205 - Personal Property Exempt From Application to the Satisfaction of Money Judgments.
5206 - Real Property Exempt From Application to the Satisfaction of Money Judgments.
5207 - Enforcement Involving the State.
5208 - Enforcement After Death of Judgment Debtor; Leave of Court; Extension of Lien.
5209 - Discharge of Garnishee's Obligation.
5210 - Power of Court to Punish for Contempt.
5211 - Privilege on Examination; Immunity.
5221 - Where Enforcement Proceeding Commenced.
5222-A - Service of Notices and Forms and Procedure for Claim of Exemption.
5225 - Payment or Delivery of Property of Judgment Debtor.
5226 - Installment Payment Order.
5227 - Payment of Debts Owed to Judgment Debtor.
5229 - Enforcement Before Judgment Entered.
5232 - Levy Upon Personal Property.
5233 - Sale of Personal Property.
5234 - Distribution of Proceeds of Personal Property; Priorities.
5235 - Levy Upon Real Property.
5237 - Failure of Title to Property Sold.
5238 - Directions to the Sheriff.
5239 - Proceeding to Determine Adverse Claims.
5240 - Modification or Protective Order; Supervision of Enforcement.
5241 - Income Execution for Support Enforcement.
5242 - Income Deduction Order for Support Enforcement.