§ 2223 — Funds paid into court 1

§ 2223. Funds paid into court\n 1. Where it appears that the whereabouts of any legatee, distributee,\ncreditor or other person entitled to payment from the estate is unknown\nthe decree must direct the fiduciary to pay into court the legacy,\ndistributive share or money due such person which is not paid to the\nperson entitled thereto within such time as directed by the court, which\nshall, however, be not later than 6 months from the time when the decree\nis made or when the legacy, distributive share or money is payable by\nthe terms of the decree.\n 2. If at the expiration of 6 months after the making of the decree it\nis shown to the court that payment of the legacy, distributive share or\nmoney cannot be made to the person entitled thereto, an order may be\nmade directing the payment thereof into court.\n 3. The money so paid into court can be paid out only by the order of\nthe court or a court of competent jurisdiction.\n 4. Except in the counties wholly within the city of New York, if the\namount payable does not exceed $50 a county treasurer may pay it without\na court order to the person entitled thereto.\n 5. The state comptroller may institute any necessary proceeding before\nthe court to compel the deposit of such moneys in court which have not\nbeen paid over or deposited after the expiration of 6 months or the\nexpiration of such shorter period as directed by the court.\n 6. Where a sum of money in excess of $250 has been paid into court and\nsubsequently paid to the state comptroller as abandoned property\npursuant to paragraph (a) of subdivision 1 of section 600 of the\nabandoned property law an order for the payment of such money from the\nabandoned property fund shall be made by the court only upon notice to\nthe state comptroller, to all persons who have made claim thereto and to\nsuch other persons as directed by the court.\n