{"jurisdiction": "us-ny", "code": "eptl", "section": "12-1.3", "citation": "EPTL § 12-1.3", "heading": "Extent of liability; judgment debtor's right to indemnity and", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/EPT/12-1.3", "from_official_api": true, "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.\n- **(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. ★\n- **(b)** On paying a judgment, he is entitled to:\n- **(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.); ★\n- **(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**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/12-1.3", "publisher": "Elyphived LLC"}