Legislation
SECTION 911
Final determination and distribution of an absentee's estate 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 9
§ 911. Final determination and distribution of an absentee's estate
1. If it appears at any time during the administration of the estate
that the absentee is in fact dead the temporary administrator or a
person interested may petition for the probate of his or her will or the
grant of full letters of administration and for a judicial determination
of the fact of death and if the court finds that it is in the best
interests of the estate an accounting and distribution may be directed
without the issuance of permanent letters.
2. If before any decree of distribution has been made, an absentee or
his duly appointed fiduciary appears and claims his or her property the
temporary administrator shall account for, deliver and pay over to the
absentee or such fiduciary the remainder thereof after making such
deductions as are allowable by law.
3. If the absentee has not appeared or been heard of after the lapse
of 5 years from the date of the finding required by 902, subdivision 3
or in case the temporary administrator is not appointed within 4 years
after said date, upon the expiration of 1 year after the date of the
appointment of the temporary administrator and if the remainder of the
property has not been accounted for, delivered or paid over to the
absentee or his or her fiduciary under the preceding subdivision of this
section the court shall direct an accounting, require the absentee to
show cause why his or her assets should not be distributed according to
law and thereafter make a decree determining that all interest of the
absentee in his or her property has ceased and terminated and directing
that all his or her property be distributed to such persons as would be
entitled thereto, by will or as in an intestacy, as if such absentee
died at the expiration of such 5 year period. Such decree may include a
determination of the rights of the absentee or any other person in any
contractual or property rights contingent upon the death of the absentee
in the same manner as section 2-1.7 of the estates, powers and trusts
law. No action shall be brought by an absentee to recover any portion
of his or her property after the determination and decree.
1. If it appears at any time during the administration of the estate
that the absentee is in fact dead the temporary administrator or a
person interested may petition for the probate of his or her will or the
grant of full letters of administration and for a judicial determination
of the fact of death and if the court finds that it is in the best
interests of the estate an accounting and distribution may be directed
without the issuance of permanent letters.
2. If before any decree of distribution has been made, an absentee or
his duly appointed fiduciary appears and claims his or her property the
temporary administrator shall account for, deliver and pay over to the
absentee or such fiduciary the remainder thereof after making such
deductions as are allowable by law.
3. If the absentee has not appeared or been heard of after the lapse
of 5 years from the date of the finding required by 902, subdivision 3
or in case the temporary administrator is not appointed within 4 years
after said date, upon the expiration of 1 year after the date of the
appointment of the temporary administrator and if the remainder of the
property has not been accounted for, delivered or paid over to the
absentee or his or her fiduciary under the preceding subdivision of this
section the court shall direct an accounting, require the absentee to
show cause why his or her assets should not be distributed according to
law and thereafter make a decree determining that all interest of the
absentee in his or her property has ceased and terminated and directing
that all his or her property be distributed to such persons as would be
entitled thereto, by will or as in an intestacy, as if such absentee
died at the expiration of such 5 year period. Such decree may include a
determination of the rights of the absentee or any other person in any
contractual or property rights contingent upon the death of the absentee
in the same manner as section 2-1.7 of the estates, powers and trusts
law. No action shall be brought by an absentee to recover any portion
of his or her property after the determination and decree.