§ 1766. Distribution of proceeds on death of infant, incompetent or
conservatee. If the infant should die before arriving at full age, or
the incompetent person should die before the incompetency is removed, or
the conservatee should die before the conservatorship is terminated not
leaving any personal property, or not leaving sufficient personal
property to pay funeral expenses and expenses that may be necessary or
necessarily incurred, then in each case, the proceeds of disposition of
real property are to be deemed personal property so far as may be
necessary to pay the funeral and other necessary expenses. The proceeds
are to be paid, upon order of the surrogate's court or court having
jurisdiction of the estate of the deceased, to an administrator
appointed by the surrogate to administer upon decedent's estate, and
after paying all funeral expenses and expenses of administration and any
indebtedness, the remainder, if any there be, upon the order of the
surrogate, shall be paid into the hands of the trustee who held the
same, to be distributed as the law directs.