SCPA § 1903

Limitations 1  ·  as in force on May 31, 2026

§ 1903. Limitations

1. Unless a proceeding under this article to satisfy a debt of the decedent is brought within 18 months from the date when letters were issued to the original fiduciary and unless such letters were granted within 2 years after the date of the death of the decedent the title of a purchaser or mortgagee from the distributee or devisee of the decedent which was acquired before the proceeding was instituted cannot be affected in any way by the proceeding.

2. A proceeding under this article to satisfy any debt cannot be maintained when the real property is exempt by law from levy and sale by virtue of an execution.

3. A proceeding under this article to satisfy a legacy expressly or impliedly charged on the real property must be instituted within 10 years from the date of the death of the decedent.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1903

In plain English

Time and other limits on proceedings to dispose of real property.

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.