Payment of legacy or distributive share to foreign fiduciary

§ 2221. Payment of legacy or distributive share to foreign fiduciary

1. Where a beneficiary of an estate is entitled to money or property within the jurisdiction of the court and such beneficiary is a non-domiciliary infant, incompetent, conservatee or decedent, payment or delivery thereof may be directed by the court to the fiduciary, committee or conservator, by whatever title such foreign fiduciary may be designated, of the property or estate of the non-domiciliary infant, incompetent, conservatee or decedent, upon proof satisfactory to the court that the foreign fiduciary is entitled to receive such money or property in accordance with the terms and conditions of EPTL 13-3.4 and that the fiduciary, committee or conservator has filed at the domicile security sufficient to cover such payment or delivery or that no security is required at the domicile of the beneficiary. In the case of a deceased beneficiary there shall be submitted proof that he has no known creditors within this state.

2. The court may direct such payment or delivery in a decree judicially settling the account of a fiduciary or in an order entered upon the application of the fiduciary holding such money or property for distribution or of the foreign fiduciary, committee or conservator.