N.Y. SCP Law § 2215

§ 2215. Decree for payment and distribution\n 1. Where an account is judicially settled as prescribed in this\narticle and any part of the estate remains and is ready to be\ndistributed the decree must direct the payment and distribution\ntherefrom of the shares of the persons entitled thereto, except that no\ndecree of distribution shall be made in an accounting proceeding in\nwhich there has been a disposition of real property pursuant to article\n19 commenced within 6 months from the grant of letters until time for\nthe presentation of claims as fixed by a published notice has expired or\n7 months have expired since letters were first issued and if there be\ncreditors who were not served with process upon the petition for\naccounting, until supplemental process shall have issued to them.\n 2. The court may award to a surviving spouse or child the same relief\nas to set-off of exempt property which may be awarded in such person's\nfavor on a petition presented as prescribed in 2102.\n 3. If any creditor or person interested has received estate assets in\nexcess of the amount determined on the settlement of the account to be\ndue him the court is authorized to direct in the decree repayment by him\nof the excess to the fiduciary of the estate or otherwise as justice\nshall require and the exercise of such power by the court heretofore is\nconfirmed.\n