(a) Unless otherwise agreed between the parties at the time security is posted pursuant to section five thousand forty-three of this article, in all cases covered by this article in which future damages are payable in periodic installments, the liability for payment of any installments for medical, dental or other costs of health care or non-economic loss not yet due at the death of the judgment creditor terminates upon the death of the judgment creditor.
§ 5045.Effect of death of judgment creditor.
Article 50-B. Periodic Payment of Judgments in Personal Injury, Injury to Property and Wrongful Death Actions · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 5045 splits what happens to periodic payments when the judgment creditor dies: payments for medical or health costs and pain and suffering stop, while the portion covering lost future earnings continues to dependents or the estate.
Full Text of CPLR 5045
(b) The portion of any periodic payment allocable to loss of future earnings shall not be reduced or terminated by reason of the death of the judgment creditor, but shall be paid to persons to whom the judgment creditor owed a duty of support immediately prior to his death to the extent that such duty of support exists under applicable law at the time of the death of the judgment creditor. Such payments to such persons shall continue for the remainder of the period as originally found by the jury or until such duty of support ceases to exist, whichever occurs first. In such cases, the court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the future payments of such unpaid future damages in accordance with this subdivision which apportioned amounts shall be payable in the future as provided for in this article. In the event that the judgment creditor does not owe a duty of support to any person at the time of the death of the judgment creditor or such duty ceases to exist, the remaining payments shall be considered part of the estate of the judgment creditor. In such cases, the court which rendered the original judgment may, upon petition of any party in interest, convert those portions of such periodic payments allocable to the loss of future earnings to a lump sum by calculating the present value of such payments in order to assist in the settlement of the estate of the judgment creditor.
Plain-English Summary
Death changes what a periodic-payment judgment owes, and this section draws the line. Unless the parties agreed otherwise when security was posted, payments for medical, dental, or other health care costs, and for non-economic loss, that aren't yet due when the judgment creditor dies terminate outright. There's no one left to treat, and no one left to compensate for pain the creditor can no longer feel.
Lost future earnings work differently, because someone else may have depended on that income. Payments allocable to lost earnings keep going to whoever the creditor owed a legal duty of support immediately before death, for as long as the jury's original period runs or the duty of support lasts, whichever ends first. Either side can petition the original court to apportion those payments among dependents. If no one was owed support, or that duty has ended, the remaining lost-earnings payments become part of the creditor's estate — and the court can convert them to a lump sum, at present value, to help settle that estate.
Frequently Asked Questions
Do periodic payments for pain and suffering continue after the injured person dies?
No. Payments for medical or other health care costs and non-economic loss that aren't yet due terminate at the judgment creditor's death, unless the parties agreed otherwise.
What happens to the lost-earnings portion of a structured judgment after the recipient dies?
It continues to be paid to anyone the creditor owed a duty of support immediately before death, for the remaining period or until that duty ends. If no one is owed support, it becomes part of the estate.
Can a court convert future lost-earnings payments into a lump sum for an estate?
Yes. On petition, the original court can convert those payments to a lump sum, calculated at present value, to help settle the estate.
Can the parties agree to different rules for what happens after death?
Yes. Section 5045 applies “unless otherwise agreed” when security was posted under CPLR 5043, so the parties can set their own terms in advance.
Who can ask the court to apportion the surviving lost-earnings payments among dependents?
Any party in interest can petition the court that rendered the original judgment to modify it and apportion the remaining payments.
Amendment History
Add, L 1986, ch 682, § 9, eff July 30, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: death of judgment creditor structured paymentsperiodic payments after plaintiff dieslost earnings annuity death New York50-B death of recipientstructured settlement death beneficiary