This text of New York § 911 (Final determination and distribution of an absentee's estate 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 911. Final determination and distribution of an absentee's estate\n 1. If it appears at any time during the administration of the estate\nthat the absentee is in fact dead the temporary administrator or a\nperson interested may petition for the probate of his or her will or the\ngrant of full letters of administration and for a judicial determination\nof the fact of death and if the court finds that it is in the best\ninterests of the estate an accounting and distribution may be directed\nwithout the issuance of permanent letters.\n 2. If before any decree of distribution has been made, an absentee or\nhis duly appointed fiduciary appears and claims his or her property the\ntemporary administrator shall account for, deliver and pay over to the\nabsentee or such fiduciary the remainder
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§ 911. Final determination and distribution of an absentee's estate\n 1. If it appears at any time during the administration of the estate\nthat the absentee is in fact dead the temporary administrator or a\nperson interested may petition for the probate of his or her will or the\ngrant of full letters of administration and for a judicial determination\nof the fact of death and if the court finds that it is in the best\ninterests of the estate an accounting and distribution may be directed\nwithout the issuance of permanent letters.\n 2. If before any decree of distribution has been made, an absentee or\nhis duly appointed fiduciary appears and claims his or her property the\ntemporary administrator shall account for, deliver and pay over to the\nabsentee or such fiduciary the remainder thereof after making such\ndeductions as are allowable by law.\n 3. If the absentee has not appeared or been heard of after the lapse\nof 5 years from the date of the finding required by 902, subdivision 3\nor in case the temporary administrator is not appointed within 4 years\nafter said date, upon the expiration of 1 year after the date of the\nappointment of the temporary administrator and if the remainder of the\nproperty has not been accounted for, delivered or paid over to the\nabsentee or his or her fiduciary under the preceding subdivision of this\nsection the court shall direct an accounting, require the absentee to\nshow cause why his or her assets should not be distributed according to\nlaw and thereafter make a decree determining that all interest of the\nabsentee in his or her property has ceased and terminated and directing\nthat all his or her property be distributed to such persons as would be\nentitled thereto, by will or as in an intestacy, as if such absentee\ndied at the expiration of such 5 year period. Such decree may include a\ndetermination of the rights of the absentee or any other person in any\ncontractual or property rights contingent upon the death of the absentee\nin the same manner as section 2-1.7 of the estates, powers and trusts\nlaw. No action shall be brought by an absentee to recover any portion\nof his or her property after the determination and decree.\n