NY SCPA 1907: Order Determining Disposition of Real Property

SCPA 1907 sets out what the court's order may direct once it decides to authorize disposition of a decedent's real property.

Statutory Text

§ 1907. Order determining disposition of real property

1. Upon the return of process the court shall inquire into the facts, the value of the property and the best manner and time of disposition.

2. The court may direct the disposition of all or part of the real property, describing it.

3. The order may determine whether the property shall be sold at public or private sale and may fix the manner, terms and conditions thereof.

4. Where a contract for the disposition of the property accompanies the petition, the order may direct disposition in accordance with its terms or any modification thereof.

5. If the court finds that it is not necessary to dispose of the real property or of any part thereof it may nevertheless determine the rights and interests of the parties and direct a conveyance to them in confirmation of their title or transferring the property to them in full or partial satisfaction of their distributive share.

6. If the order is made in the course of an accounting proceeding, the court shall adjourn a judicial settlement to await the proceedings taken under the order.