Section 965. Payment of proceeds out of court in cases involving decedent's property

Money paid into court under section 964 may  be  paid  out  of
  court to such parties as are entitled thereto by order of the court made
  upon motion of any party, and upon:
    1. Notice of motion to the executors or administrators of the decedent
  and  the furnishing of an undertaking that the moving party will pay any
  and all claims, not exceeding the amount paid into court, when  required
  by  order  of  the court or by order of the surrogate of the surrogate's
  court in a proceeding to mortgage, lease or sell the  real  property  of
  such  decedent; except that where a final accounting has been had in the
  estate of such decedent in a surrogate's court, and certified copies  of
  the  account  and  decree  of  final settlement, showing that all of the
  debts of the decedent have been paid in full, is filed  with  the  court
  having  jurisdiction  of  the  fund,  the  court  may  dispense with the
  furnishing of an undertaking; or
    2. The furnishing of the certificate of the surrogate of the county of
  which any such decedent was a resident at the time of his death, showing
  that  eighteen  months  have  elapsed  since  the  issuing  of   letters
  testamentary  or letters of administration, as the case may be, upon the
  estate of said decedent, and that no proceedings for the mortgage, lease
  or sale of the real property of such decedent for  the  payment  of  his
  debts  or  funeral expenses, or both, is pending, and the certificate of
  the county clerk of the county where the real property  sold  under  the
  interlocutory judgment is located, showing that no notice of pendency of
  action  in  respect  to such real property has been filed in his office.
  The certificate of the surrogate required herein may be executed in  the
  name  of  the  surrogate by the clerk of the surrogate's court under the
  seal of the court.