Section 1362. Payment of surplus out of court

1. Upon confirmation of the
  report of sale, or upon such proceedings  as  are  provided  in  section
  1361,  the court shall order the payment of the surplus proceeds of sale
  out of court to such persons as are entitled thereto.
    2. If the property  sold  has  included  a  right  to  dower,  whether
  inchoate  or  consummate, a tendency by curtesy, or any other estate for
  life or years, the owner of such particular estate in the real  property
  sold  is  entitled  to  receive from the surplus, in satisfaction of his
  estate or interest, either a sum in gross  or  the  earnings  of  a  sum
  invested for his benefit. The determination as to whether a sum in gross
  or  the earnings of a sum invested shall be awarded to the owner of such
  particular estate shall be governed by the  provisions  of  section  968
  with respect to the proceeds of a sale in partition.
    3. If real property or an interest in real property which is liable to
  be  disposed  of  as  prescribed  in article thirteen of the surrogate's
  court act, be sold to satisfy a mortgage or other  lien  thereon,  which
  mortgage  or  lien  accrued  during the decedent's lifetime, the surplus
  money shall be paid in to the surrogate's court having  jurisdiction  to
  issue  letters  testamentary or of administration upon the estate of the
  decedent, in the following  cases:  (a)  If  eighteen  months  have  not
  elapsed  since  the  date when letters testamentary or of administration
  were first issued.  (b) If a proceeding for a judicial settlement of the
  accounts of such executor or administrator  has  been  commenced  within
  eighteen  months from the date of the issue of such letters and is still
  pending. (c) If no such letters have been issued and two years have  not
  elapsed since the death of the decedent.