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This entry was published on 2014-09-22
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SECTION 2223
Funds paid into court 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2223. Funds paid into court

1. Where it appears that the whereabouts of any legatee, distributee,
creditor or other person entitled to payment from the estate is unknown
the decree must direct the fiduciary to pay into court the legacy,
distributive share or money due such person which is not paid to the
person entitled thereto within such time as directed by the court, which
shall, however, be not later than 6 months from the time when the decree
is made or when the legacy, distributive share or money is payable by
the terms of the decree.

2. If at the expiration of 6 months after the making of the decree it
is shown to the court that payment of the legacy, distributive share or
money cannot be made to the person entitled thereto, an order may be
made directing the payment thereof into court.

3. The money so paid into court can be paid out only by the order of
the court or a court of competent jurisdiction.

4. Except in the counties wholly within the city of New York, if the
amount payable does not exceed $50 a county treasurer may pay it without
a court order to the person entitled thereto.

5. The state comptroller may institute any necessary proceeding before
the court to compel the deposit of such moneys in court which have not
been paid over or deposited after the expiration of 6 months or the
expiration of such shorter period as directed by the court.

6. Where a sum of money in excess of $250 has been paid into court and
subsequently paid to the state comptroller as abandoned property
pursuant to paragraph (a) of subdivision 1 of section 600 of the
abandoned property law an order for the payment of such money from the
abandoned property fund shall be made by the court only upon notice to
the state comptroller, to all persons who have made claim thereto and to
such other persons as directed by the court.