§ 1901 — Real property subject to disposition; "disposition" and "fiduciary" defined 1

New York § 1901

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 19: Disposition of Real Property

Text

§ 1901. Real property subject to disposition; "disposition" and\n "fiduciary" defined\n 1. The court may authorize or direct the disposition of a decedent's\nreal property or any interest therein for any of the purposes set forth\nin the succeeding section. The court may entertain an application for\ndisposition under this article even if the proposed disposition is or\nappears to be authorized by the will or by a statute.\n 2. Disposition of the real property of a decedent within the meaning\nof this article includes:\n (a) Sale,\n (b) Mortgage,\n (c) Exchange,\n (d) Lease,\n (e) Confirmation of a prior lease made without court approval,\n (f) Release of the right to an award for the taking of real property\nby eminent domain, and\n (g) Transfer to a spouse or other beneficiary in full or partial\nsatisfaction of the interest or share of such person in the decedent's\nestate.\n (h) Enter into possession of any real property, receive the rents\nthereof and apply them as directed by the court.\n (i) In the event the estate of a decedent is the owner of an estate in\ncommon in real property, the executor or administrator may bring a\npartition action or intervene in a pending partition action on behalf of\nthe estate, if, upon application duly made, the surrogate approves.\n 3. The term "fiduciary" as used in this article does not include a\ntrustee, guardian, donee of a power to manage during minority property\nvested in an infant or a voluntary administrator.\n