N.Y. Tax Law § 982 — Lien for estate tax

§ 982. Lien for estate tax. (a) General. Unless the tax imposed by\nthis article is sooner paid in full, it shall be a lien upon all\nproperty includible in the New York gross estate of the decedent for\nfifteen years from the date of death of the decedent, except that such\npart of the New York gross estate as is used for the payment of charges\nagainst the estate and expenses of its administration, allowed by any\ncourt having jurisdiction thereof, shall be divested of such lien. In\nthe case of a decedent who at his death was not a resident of New York\nstate, the lien shall apply to all property subject to tax under this\narticle.\n (b) Prior mortgages on real property. The lien under subsection (a) of\nthis section shall be subject to the lien of any mortgage indebtedness\non real property incurred in good faith prior to the time when the tax\nunder this article became a lien. Such real property may be sold and\nconveyed free from any such tax lien in an action to foreclose such\nmortgage to which the people of the state of New York shall have been\nmade a party defendant by reason of the existence of the lien for the\ntax. The lien may then attach to any surplus moneys which result from\nsuch sale, to be determined in the proceedings for the distribution of\nsuch surplus moneys.\n (c) Discharge of lien.--Subject to such rules or regulations as the\ncommissioner may prescribe, the commissioner may issue a certificate of\ndischarge of any or all of the property subject to the lien imposed by\nthis section if he or she finds that the liability secured by such lien\nhas been fully satisfied or provided for, upon application for such\ndischarge. A certificate of discharge issued under this subsection shall\nbe held conclusive that the lien upon the property covered by the\ncertificate is extinguished.\n (d) Recording of certificate of discharge. A certificate of discharge\nissued under subsection (c) of this section may be recorded in the\noffice of the recording officer of the county where real property\ndescribed therein is situated.\n (e) Power of executor to sell. The executor shall have full power to\nsell so much of the property of the estate as will enable him to pay the\ntax imposed by this article in the same manner that he is permitted by\nlaw to do for payment of debts of the estate.\n