SCPA § 2107

Court may direct as to value, manner and time of sale of property and give advice and direction in extraordinary circumstances 1 · as in force on May 31, 2026

§ 2107. Court may direct as to value, manner and time of sale of

property and give advice and direction in extraordinary

circumstances

1. Whenever the value of property of an estate is uncertain or dependent upon the time and manner of sale thereof a fiduciary may apply by petition to the court for advice and direction as to the propriety, price, manner and time of sale thereof.

2. The court may entertain applications by a fiduciary to advise and direct in other extraordinary circumstances such as complex valuation issues, or tax elections, or where there is conflict among interested parties, but need not entertain jurisdiction if to do so would be merely to substitute the court's judgment for that of the fiduciary.

3. A substantial compliance with the authorization so given shall relieve the fiduciary from any objection that the estate suffered a loss on account of the action taken under court advice and direction.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/2107

In plain English

A fiduciary may ask the court for advice and direction.

(1) When the value of estate property is uncertain or depends on when and how it is sold, the fiduciary may ask about the propriety, price, manner and timing of a sale.
(2) The court may also advise in other extraordinary circumstances, such as complex valuations, tax elections or conflict among interested parties. It may decline if it would just be substituting its judgment for the fiduciary's.
(3) A fiduciary who substantially complies with the court's direction is protected from objections that the estate lost money as a result. ★

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.