Current as of January 01, 2021 | Updated by FindLaw Staff
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If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more than one distinct parcel, the following rules must be observed in determining the order of sale:
1. Property of which the decedent died intestate shall be sold before property which the decedent devised.
2. Property of which the decedent died intestate and which has not been conveyed by the distributees shall be sold before property which has been conveyed by them.
3. Property devised by the residuary clause in the will shall be sold before property which has been specifically devised.
4. When two or more parcels have been devised to the same person or group of persons, parcels which have not been conveyed by the devisees shall be sold before property which has been conveyed by them.
5. When one parcel has been devised to one person or group and another parcel has been devised to another person or group both parcels shall be equally subject to sale notwithstanding that one parcel may have been conveyed.
Cite this article: FindLaw.com - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1908. Order in which parcels shall be sold - last updated January 01, 2021 | https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1908/
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