🔑 NY SCPA 1902: For What Purposes Real Property Is Subject to Disposition

Under New York law, real property is not automatically liquidated as part of estate administration. SCPA 1902 identifies the specific circumstances in which a court may authorize the disposition of a decedent’s real property and, in doing so, defines the outer limits of that authority.

The Statutory Rule

§ 1902. For what purposes real property is subject to disposition

The real property may be disposed of for any or all of the following purposes:

1. For the payment of the expenses of administration.

2. For the payment of funeral expenses.

3. For the payment of the debts of the decedent, including judgment or other liens, excepting mortgage liens, existing thereon at the time of his death.

4. For the payment of any transfer, estate or other death tax.

5. For the payment of any debt or legacy charged thereupon.

6. For the payment and distribution of their respective shares to the persons entitled thereto.

7. For any other purpose the court deems necessary.