SCPA § 1902

For what purposes real property is subject to disposition The real property may be disposed of for any or all of the following purposes: 1 · as in force on May 31, 2026

§ 1902. For what purposes real property is subject to disposition

The real property may be disposed of for any or all of the following purposes:

1. For the payment of the expenses of administration.

2. For the payment of funeral expenses.

3. For the payment of the debts of the decedent, including judgment or other liens, excepting mortgage liens, existing thereon at the time of his death.

4. For the payment of any transfer, estate or other death tax.

5. For the payment of any debt or legacy charged thereupon.

6. For the payment and distribution of their respective shares to the persons entitled thereto.

7. For any other purpose the court deems necessary.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1902

In plain English

Lists the purposes for which a decedent's real property may be disposed of:

(1) paying administration expenses;
(2) paying funeral expenses;
(3) paying the decedent's debts, including judgment or other liens on the property at death, but not mortgage liens; ★
(4) paying any transfer, estate or other death tax;
(5) paying any debt or legacy charged on the property;
(6) paying and distributing shares to those entitled;
(7) any other purpose the court deems necessary. ★

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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.