EPTL § 12-1.3

Extent of liability; judgment debtor's right to indemnity and · as in force on May 31, 2026

§ 12-1.3 Extent of liability; judgment debtor's right to indemnity and

contribution

(a) Although subject, under paragraph (a) of 12-1.1, to a judgment in the full amount of the value of any property received by him, which may exceed his ratable obligation as described herein, the maximum liability to which a distributee or testamentary beneficiary is subject under this article is his ratable obligation, in the proportion that the value of the decedent's property passing to him bears to the value of all such property passing to distributees or beneficiaries, as the case may be, within the same order of liability as his under paragraph (a) of 12-1.2.

(b) Any person against whom a judgment is obtained under this article, upon payment thereof, is entitled:

(1) To be indemnified by any person prior to liability to him under paragraph (a) of 12-1.2, who remains liable under this article but against whom recovery was not available for a reason set forth in subparagraph (b) (2) of 12-1.1.

(2) To contribution, for any sum paid in excess of his ratable obligation as described in paragraph (a), from any person within the same order of liability as his under paragraph (a) of 12-1.2, but only to the extent that such person's ratable obligation is unpaid.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/12-1.3

In plain English

A distributee or beneficiary may face judgment for the full value received, but his maximum ultimate liability is a ratable share, with rights to recoup any overpayment.

(a) Maximum liability is his ratable obligation: the value passing to him in proportion to all value passing to others in the same order of liability under 12-1.2(a), even though a judgment for the full value received may be entered. ★
(b) On paying a judgment, he is entitled to:
(1) indemnity from any person prior in liability under 12-1.2(a) who remains liable but could not be reached for a reason in 12-1.1(b)(2) (not amenable to suit, insolvent, etc.); ★
(2) contribution, for anything paid beyond his ratable obligation, from persons in the same order of liability, but only to the extent their ratable obligation is unpaid.

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 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.