Separate dockets and executions · as in force on May 31, 2026
§ 11-4.3 Separate dockets and executions
In a case specified in 11-4.2 or where costs to be collected out of the individual property of a personal representative are awarded in an action or proceeding by or against him in his representative capacity, so much of the judgment as awards a sum of money against him personally may be separately docketed and a separate execution may be issued thereupon, as if the judgment contained no award against him in his representative capacity.
In two situations, the part of a judgment that awards money against a personal representative personally may be docketed and enforced on its own: (1) a case under 11-4.2 (personal and representative claims joined), or (2) a representative-capacity action in which costs are awarded to be collected from the representative's individual property. That personal money award may be separately docketed and a separate execution may issue on it, as if the judgment contained no award against the representative in the representative capacity. ★
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.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.