N.Y. Civil Practice Law & Rules Section 5208
Enforcement after death of judgment debtor

  • leave of court
  • extension of lien
Except where otherwise prescribed by law, after the death of a judgment debtor, an execution upon a money judgment shall not be levied upon any debt owed to him or any property in which he has an interest, nor shall any other enforcement procedure be undertaken with respect to such debt or property, except upon leave of the surrogate’s court which granted letters testamentary or letters of administration upon the estate. If such letters have not been granted within eighteen months after the death, leave to issue such an execution or undertake such enforcement procedure may thereafter be granted, upon motion of the judgment creditor upon such notice as the court may require, by any court from which the execution could issue or in which the enforcement procedure could be commenced. A judgment lien existing against real property at the time of a judgment debtor’s death shall expire two years thereafter or ten years after filing of the judgment-roll, whichever is later.

Source: Section 5208 — Enforcement after death of judgment debtor; leave of court; extension of lien, https://www.­nysenate.­gov/legislation/laws/CVP/5208 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

5201
Debt or property subject to enforcement 5202
Judgment creditor’s rights in personal property 5203
Priorities and liens upon real property 5204
Release of lien or levy upon appeal 5205
Personal property exempt from application to the satisfaction of money judgments 5206
Real property exempt from application to the satisfaction of money judgments 5207
Enforcement involving the state 5208
Enforcement after death of judgment debtor 5209
Discharge of garnishee’s obligation 5210
Power of court to punish for contempt 5211
Privilege on examination 5221
Where enforcement proceeding commenced 5222
Restraining notice 5222‑A
Service of notices and forms and procedure for claim of exemption 5223
Disclosure 5224
Subpoena 5225
Payment or delivery of property of judgment debtor 5226
Installment payment order 5227
Payment of debts owed to judgment debtor 5228
Receivers 5229
Enforcement before judgment entered 5230
Executions 5231
Income execution 5232
Levy upon personal property 5233
Sale of personal property 5234
Distribution of proceeds of personal property 5235
Levy upon real property 5236
Sale of real property 5237
Failure of title to property sold 5238
Directions to the sheriff 5239
Proceeding to determine adverse claims 5240
Modification or protective order 5241
Income execution for support enforcement 5242
Income deduction order for support enforcement 5250
Arrest of judgment debtor 5251
Disobedience of subpoena, restraining notice or order 5252
Discrimination against employees and prospective employees based upon wage assignment or income execution 5253
Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...
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Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 5208’s source at nysenate​.gov

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