SCPA 1908 · Article 19. Disposition of Real Property
Order in which parcels shall be sold
Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
§ 1908. Order in which parcels shall be sold
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.
Source of truth
- Edition
- Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/SCP1908
- Text hash
- sha256 8608878f5a75d59dd76fc25bc4bb4a0058b18958890e0cc675fdd4298790072b
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.