RPAPL 991 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 981 Costs and expenses up ARTICLE 9 Action For Partition next SECTION 992 Judgment in proceeding for share of unknown heirs Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.