SCPA § 2204

Judicial settlement where recovery has been had in negligence action 1 · as in force on May 31, 2026

§ 2204. Judicial settlement where recovery has been had in negligence

action

1. Where a judgment or compromise of a cause of action has been obtained and the proceeds are ready to be paid over and where the recovery is not an asset of the decedent's estate but goes by special provision of law to designated persons or classes of persons, the fiduciary may at any time file a petition for the judicial settlement of his account relating to the proceeds and upon the return of process or upon the waiver of all persons interested, if adult and competent, the court may take and settle his account and direct payment to the parties entitled according to their respective rights and interests and upon filing receipts for the payments the party paying the money and the fiduciary shall be discharged from all further liability as to such cause of action and the proceeds.

2. Where such recovery has been had and the amount thereof paid to the fiduciary, he may in like manner have a judicial settlement of his account relating to such proceeds at any time and a decree made discharging him from all further liability concerning it.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/2204

In plain English

Settling the account for a recovery in a negligence action that goes by special provision of law to particular people, not into the decedent's estate.

(1) Once a judgment or compromise is obtained and the proceeds are ready to be paid, the fiduciary may petition at any time for judicial settlement of the account of those proceeds. On return of process, or on waivers from all interested persons who are adult and competent, the court may settle the account and direct payment to those entitled. Once receipts are filed, the payer and the fiduciary are discharged from all further liability on that cause of action and its proceeds. ★
(2) If the recovery has already been paid to the fiduciary, the fiduciary may likewise get the account settled at any time and a decree discharging them.

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.