Decree or order, when evidence of assets A decree directing payment by a fiduciary to a creditor of, or a person interested in, the estat... · as in force on May 31, 2026
§ 602. Decree or order, when evidence of assets
A decree directing payment by a fiduciary to a creditor of, or a person interested in, the estate, or an order permitting a judgment creditor to issue an execution against a fiduciary is, except upon an appeal therefrom, presumptive evidence that there are sufficient assets in his hands to satisfy the sum which the decree directs him to pay or for which the order permits the execution to issue. A decree charging a deceased fiduciary with assets upon an accounting under 2207, is not evidence of assets in the hands of the accounting fiduciary.
A decree ordering a fiduciary to pay, or an order allowing execution, is presumptive proof the fiduciary holds enough assets, except on appeal; a § 2207 charge is not such proof. ★
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.