ยง 991. Proceeding for share of unknown heirs; presumption of death;
service. 1. Where a portion of the proceeds of the sale is paid into
court for unknown heirs and is unclaimed by any person entitled thereto
for twenty-five years after such payment the unknown heirs are presumed
to have been dead at the time of the sale. A special proceeding may be
commenced for the distribution of such proceeds to the persons entitled
thereto.
2. The notice of petition and petition shall be served upon the
unknown heirs or their representatives, the known heirs, their next of
kin, representatives or distributees, and all persons interested in such
proceeds. Service shall be made at least twenty days before the time at
which the petition is noticed to be heard. Each of the known persons
within the state, and the comptroller of the state if any proceeds have
been paid over to him by a county treasurer, shall be served personally.
All other persons shall be served in the manner prescribed for the
service by publication of a summons.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 9 - Action for Partition
907 - Trial of Title or Interest.
913 - Inquiry as to Creditors.
916 - Interlocutory Judgment Directing Partial Partition.
917 - Interlocutory Judgment Directing Partition in Common.
918 - Interlocutory Judgment Directing Sale or Exception of Lien or Dower Interest.
919 - Interlocutory Judgment Directing Credit on Sale.
922 - Meeting of Commissioners; Report of Actual Partition; Confirming or Setting Aside Report.
923 - Security for Credit on Sale.
925 - Report of Sale; Confirmation.
927 - Contents of Judgment After Actual Partition.
928 - Effect of Judgment After Actual Partition.
929 - Lien of Creditor Upon Share Partitioned.
931 - Contents of Judgment After Sale.
933 - Effect of Judgment After Sale.
941 - Judgment as to Parties Having Interest in Entire Property.
943 - Judgment Directing Compensation to Equalize Partition.
945 - Judgment Adjusting Rents and Profits.
947 - Judgment Affecting State Tax Claim.
961 - Disposition of Proceeds of Sale.
962 - Payment of Proceeds Into Court Where There Are Liens.
963 - Payment of Proceeds Out of Court Where There Are Liens.
964 - Payment of Proceeds Into Court in Cases Involving Decedent's Property.
965 - Payment of Proceeds Out of Court in Cases Involving Decedent's Property.
966 - Payment of Proceeds Directly to Parties in Cases Involving Decedent's Property.
967 - Payment of Proceeds to Owner of Particular or Future Estate.
968 - Manner of Payment of Proceeds to Owner of Particular or Future Estate.
969 - Shares of Infant, Incompetent or Conservatee.
970 - Shares of Unknown or Absent Owner.
973 - Report of Disposition of Proceeds.
991 - Proceeding for Share of Unknown Heirs; Presumption of Death; Service.