SCPA § 1915

Allowance on bid to spouse, beneficiary or creditor purchasing 1 · as in force on May 31, 2026

§ 1915. Allowance on bid to spouse, beneficiary or creditor purchasing

1. If upon a sale a spouse, beneficiary or creditor of the decedent becomes the purchaser of any of the decedent's real property the court may, upon his application, direct the amount of his elective share, legacy, distributive share or claim, as the case may be, to be allowed, in the first instance, upon the purchase price and such purchaser shall be required to pay only the balance at the time of the sale.

2. If the proceeds of the decedent's real property shall be insufficient to satisfy the cost and expenses of administration and the debts and funeral expenses of the decedent, the purchasing spouse, beneficiary or creditor shall be allowed and credited upon the judicial settlement of the accounts of the fiduciary only the amount he may be entitled to receive upon his elective share, legacy, distributive share or claim and shall then pay the difference between the amount originally allowed and amount he is entitled to receive.

3. If any purchaser has credit on his bid as above provided no deed shall be delivered to him until the judicial settlement of the accounts of the fiduciary and not until he shall have paid the entire amount required under the provisions of this section.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1915

In plain English

A spouse, beneficiary or creditor who buys the decedent's real property can apply their share or claim to the price.

(1) On the buyer's application, the court may allow the buyer's elective share, legacy, distributive share or claim to be credited against the purchase price, so the buyer pays only the balance at the sale. ★
(2) If the proceeds do not cover administration costs and expenses, debts and funeral expenses, the buyer is credited on the judicial settlement only with what he is actually entitled to receive and must pay the difference. ★
(3) A buyer who received a credit gets no deed until the judicial settlement of the fiduciary's accounts and full payment of everything owed under this section.

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.