N.Y. EPT Law § 11-4.6 — New York Code / Act EPT / Article 11 / Part 4 / Section 11-4.6
Leave to issue execution against personal representative; how
Status: in_force

§ 11-4.6 Leave to issue execution against personal representative; how\n           procured; order and contents thereof; security before order\n           granted; execution on judgment recovered by predecessor\n           representative\n  (a) Leave to issue execution against personal representative.\n  Except as provided in this paragraph, an execution shall not be issued\nupon a judgment for a sum of money against a personal representative, in\nhis representative capacity, until an order permitting it to be issued\nhas been made by the surrogate's court from which letters were issued.\nSuch an order must specify the sum to be collected, and the execution\nmust be endorsed with a direction to collect that sum. If a judgment is\nrendered jointly against a personal representative in his representative\ncapacity and one or more other parties, execution may be issued thereon,\nwithout such order, against the other party if a direction is endorsed\nthereon not to levy against any property which the personal\nrepresentative is or may be entitled to possess in his representative\ncapacity.\n  (b) How leave procured; order; contents thereof.\n  At least six days notice of the application for an order specified in\nparagraph (a) must be personally served upon the personal\nrepresentative, unless it appears that service cannot be so made with\ndue diligence, in which case notice must be given to such persons and in\nsuch manner as the surrogate directs by an order to show cause why the\napplication should not be granted. Where it appears that the assets,\nafter payment of all sums chargeable against them for expenses and for\nclaims entitled to priority as against the plaintiff, are not, or will\nnot be sufficient to pay all the debts, testamentary dispositions or\nother claims of the class to which the plaintiff's claim belongs, the\nsum directed to be collected by the execution shall not exceed the\nplaintiff's just proportion of the assets. In that case, one or more\norders may be subsequently made in like manner, and one or more\nexecutions may be subsequently issued, whenever it appears that the sum\ndirected to be collected by the first and subsequent execution is less\nthan the plaintiff's just proportion.\n  (c) Security before grant of order.\n  Where a judgment has been rendered against a personal representative\nin his representative capacity for a testamentary disposition or\ndistributive share, the surrogate, before granting an order permitting\nan execution to be issued thereupon, may, and in a proper case must,\nrequire the applicant to file in his office a bond to the defendant, in\nsuch a sum and with such sureties as the surrogate directs, to the\neffect that if, after collection of any sum of money by virtue of the\nexecution, the remaining assets are not sufficient to pay all sums for\nwhich the defendant is chargeable for expenses, claims entitled to\npriority as against the applicant, and the other testamentary\ndispositions or distributive shares of the class to which the\napplicant's claim belongs, the plaintiff will refund to the defendant\nthe sum so collected, or such ratable part thereof as is necessary to\nmake up the deficiency.\n  (d) Execution on former judgment.\n  An execution may be issued in the name of a personal representative,\nin his representative capacity, upon a judgment recovered by any person\nwho preceded him in the administration of the same estate, in any case\nwhere it might have been issued in favor of the original plaintiff, and\nwithout a substitution.\n