Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against... · as in force on May 31, 2026
§ 1812. Leave to issue execution against decedent's real property
For the purpose of procuring a decree granting leave to issue execution against a decedent's real property a judgment creditor shall present to the court a verified petition showing the facts and praying for such decree and that the person whose interest in the property will be affected by a sale by virtue of the execution and the fiduciary of the judgment debtor may be required to show cause why it should not be granted. Upon the presentation of the petition the court must issue process accordingly. The process must be served either personally or in such manner as directed by the court and upon the return thereof the court may make such decree as justice shall require.
A judgment creditor seeking execution against a decedent’s real property must file a verified petition stating the facts and asking that affected owners and the debtor’s fiduciary show cause. The court must issue process, served personally or as directed, and may then enter whatever decree justice requires. ★
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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.