New York Laws
Article 9 - Action for Partition
965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.

§ 965. Payment of proceeds out of court in cases involving decedent's
property. Money paid into court under section 964 may be paid out of
court to such parties as are entitled thereto by order of the court made
upon motion of any party, and upon:

1. Notice of motion to the executors or administrators of the decedent
and the furnishing of an undertaking that the moving party will pay any
and all claims, not exceeding the amount paid into court, when required
by order of the court or by order of the surrogate of the surrogate's
court in a proceeding to mortgage, lease or sell the real property of
such decedent; except that where a final accounting has been had in the
estate of such decedent in a surrogate's court, and certified copies of
the account and decree of final settlement, showing that all of the
debts of the decedent have been paid in full, is filed with the court
having jurisdiction of the fund, the court may dispense with the
furnishing of an undertaking; or

2. The furnishing of the certificate of the surrogate of the county of
which any such decedent was a resident at the time of his death, showing
that eighteen months have elapsed since the issuing of letters
testamentary or letters of administration, as the case may be, upon the
estate of said decedent, and that no proceedings for the mortgage, lease
or sale of the real property of such decedent for the payment of his
debts or funeral expenses, or both, is pending, and the certificate of
the county clerk of the county where the real property sold under the
interlocutory judgment is located, showing that no notice of pendency of
action in respect to such real property has been filed in his office.
The certificate of the surrogate required herein may be executed in the
name of the surrogate by the clerk of the surrogate's court under the
seal of the court.