§ 965. Payment of proceeds out of court in cases involving decedent's\nproperty. Money paid into court under section 964 may be paid out of\ncourt to such parties as are entitled thereto by order of the court made\nupon motion of any party, and upon:\n 1. Notice of motion to the executors or administrators of the decedent\nand the furnishing of an undertaking that the moving party will pay any\nand all claims, not exceeding the amount paid into court, when required\nby order of the court or by order of the surrogate of the surrogate's\ncourt in a proceeding to mortgage, lease or sell the real property of\nsuch decedent; except that where a final accounting has been had in the\nestate of such decedent in a surrogate's court, and certified copies of\nthe account and decree of final settlement, showing that all of the\ndebts of the decedent have been paid in full, is filed with the court\nhaving jurisdiction of the fund, the court may dispense with the\nfurnishing of an undertaking; or\n 2. The furnishing of the certificate of the surrogate of the county of\nwhich any such decedent was a resident at the time of his death, showing\nthat eighteen months have elapsed since the issuing of letters\ntestamentary or letters of administration, as the case may be, upon the\nestate of said decedent, and that no proceedings for the mortgage, lease\nor sale of the real property of such decedent for the payment of his\ndebts or funeral expenses, or both, is pending, and the certificate of\nthe county clerk of the county where the real property sold under the\ninterlocutory judgment is located, showing that no notice of pendency of\naction in respect to such real property has been filed in his office.\nThe certificate of the surrogate required herein may be executed in the\nname of the surrogate by the clerk of the surrogate's court under the\nseal of the court.\n
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