{"jurisdiction": "us-ny", "code": "scpa", "section": "2105", "citation": "SCPA § 2105", "heading": "Proceeding to compel delivery of property by a fiduciary which is claimed by another or others 1", "text": ["§ 2105. Proceeding to compel delivery of property by a fiduciary which", "is claimed by another or others", "1. A person having a claim to property as defined in 103 or the proceeds thereof alleged to be in the possession of or under the control of a fiduciary may present to the court which has jurisdiction over the estate a petition showing the facts and praying that the fiduciary be required to show cause why he should not be required to deliver the property or the proceeds thereof.", "2. Process shall issue accordingly to the fiduciary.", "3. Upon return of process the court must hear the proofs of the parties, determine the issues, and if claim shall have been made to the property or the proceeds thereof by a person or persons other than the fiduciary, the court shall determine the respective interests of the parties in the property or the proceeds or value thereof and make a decree accordingly."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/2105", "from_official_api": true, "plain_english": "A claimant can make a **fiduciary** show cause why property should not be handed over.\n- **(1)** A person who claims property (or its proceeds) that a **fiduciary** holds may petition the court with jurisdiction over the estate for an order directing the fiduciary to **show cause** why it should not be handed over.\n- **(2)** Process issues to the fiduciary.\n- **(3)** The court hears the proof, decides the issues and, if others also claim the property, decides **everyone's respective interests** and issues a decree. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/2105", "publisher": "Elyphived LLC"}