§ 991 — Proceeding for share of unknown heirs; presumption of death; service

New York § 991

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 9: Action For Partition

Text

§ 991. Proceeding for share of unknown heirs; presumption of death;\nservice. 1. Where a portion of the proceeds of the sale is paid into\ncourt for unknown heirs and is unclaimed by any person entitled thereto\nfor twenty-five years after such payment the unknown heirs are presumed\nto have been dead at the time of the sale. A special proceeding may be\ncommenced for the distribution of such proceeds to the persons entitled\nthereto.\n 2. The notice of petition and petition shall be served upon the\nunknown heirs or their representatives, the known heirs, their next of\nkin, representatives or distributees, and all persons interested in such\nproceeds. Service shall be made at least twenty days before the time at\nwhich the petition is noticed to be heard. Each of the known persons\nwithin the state, and the comptroller of the state if any proceeds have\nbeen paid over to him by a county treasurer, shall be served personally.\nAll other persons shall be served in the manner prescribed for the\nservice by publication of a summons.\n