The administrator, the decedent's spouse who is proceeding pro se, requests the issuance of a citation to direct the sale of a three-family residence owned by the decedent and another party, apparently as tenants in common, and for other related relief. Although not crystal clear, it appears that the petitioner seeks to commence a partition action against the tenant in common.

Although SCPA 1901 provides that where a decedent is the owner of an estate in common in real property, the fiduciary of the estate must obtain the approval of the surrogate's court to bring a partition action, generally, after the surrogate approves the application, the partition action is to be commenced in the supreme court (see Matter of Lewis, 21 Misc 3d 1147 [A], 2008 NY Slip Op 52528 [U]; Matter of Birnbaum, 131 Misc 2d 925 [1986]; see also Matter of Torricini, 249 AD2d 401 [1998]).

Accordingly, this decision constitutes the order of the court granting the application to the limited extent that it is deemed an application seeking court approval of the commencement of a partition action in the supreme court. Nonetheless, as the petitioner's letters are subject to the provisions of SCPA 805 (3) with regard to the disposition of any real property, she shall not collect any proceeds obtained in a partition action without obtaining an order from this court with respect to whether she will be required to post a bond in order to collect such proceeds. The Chief Clerk shall mail a copy of this decision and order to the pro se petitioner.

Proceed accordingly.

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SURROGATE