{"jurisdiction": "us-ny", "code": "scpa", "section": "1912", "citation": "SCPA § 1912", "heading": "Effect of death of fiduciary 1", "text": ["§ 1912. Effect of death of fiduciary", "1. In the event of the death, removal or disqualification of all of the fiduciaries before the granting of an order directing disposition of the real property their successor must be substituted and the proceeding shall continue by or against the successor.", "2. In the event of such death, removal or disqualification after the granting of the order but before the complete execution thereof the successor must proceed without further order to complete all unfinished matters as were required of his predecessors.", "3. The successor must give such security for the performance of his duties as the court may require.", "4. If no successor is appointed the court may make an order authorizing the fiduciary of the last surviving fiduciary, on giving such security as the court may require, to continue the proceeding or to complete all unfinished matters as were required of the fiduciary."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1912", "from_official_api": true, "plain_english": "What happens when all fiduciaries die, are removed or are disqualified during a disposition proceeding.\n- **(1)** **Before** the disposition order is granted: the **successor must be substituted** and the proceeding continues by or against the successor.\n- **(2)** **After** the order but before it is fully executed: the successor must **complete all unfinished matters without further order**. ★\n- **(3)** The successor must give the **security the court requires**.\n- **(4)** If **no successor is appointed**, the court may authorize the **fiduciary of the last surviving fiduciary**, on giving required security, to continue the proceeding or complete unfinished matters. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1912", "publisher": "Elyphived LLC"}