Legislation
SECTION 991
Proceeding for share of unknown heirs; presumption of death; service
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 9
§ 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.
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.