CPLR § 5208

Enforcement after death of judgment debtor; leave of court; extension of lien

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/5208

In plain English

After the debtor dies, no execution/enforcement on their property except by leave of the Surrogate's Court that granted letters. ★ If no letters within 18 months of death, any proper court may grant leave. ★ A judgment lien on real property at death expires 2 years after death OR 10 years after filing the judgment-roll — whichever is LATER. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.