Executors often assume that their general fiduciary powers extend to all estate property, including real estate. In New York, that assumption is frequently incorrect when the property has been specifically devised by will.
This post collects and organizes the statutory framework and key Surrogate’s Court decisions addressing executor authority over specifically devised real property. It focuses on when such property vests in the devisee, what powers executors lack by default, and the limited circumstances in which court authorization may be required or permitted.
It is intended as a reference point and navigational hub, with links to more detailed discussions of the governing statutes and cases. I will continue updating this post over time as I add additional authorities, examples, and cross-references.
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- Specific Devise
- Estate of Confusion in New York
- Executors
- New York
- Power of Sale
- 🔑 Premium Content
- Wills
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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