Adjustment of advancements Where there is a surplus of personal property to be distributed and the advancement as provided in EPTL 2-1 · as in force on May 31, 2026
§ 2219. Adjustment of advancements
Where there is a surplus of personal property to be distributed and the advancement as provided in EPTL 2-1.5 consisted of personal property or where a deficiency in the adjustment of an advancement of real property is chargeable on personal property, the decree for distribution in the court must adjust all the advances which have not been previously adjusted by a court of competent jurisdiction and if any person to be affected by the decree is not a party to the proceeding the court must cause him to be brought in by supplemental process.
When personal property is left to distribute and an advancement under EPTL 2-1.5 was made in personal property (or a shortfall on an advancement of real property must come out of personal property), the distribution decree must adjust every advancement no court has adjusted yet. ★ Anyone affected who is not already a party must be brought in by supplemental process.
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.
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.