N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 991 — Proceeding for share of unknown heirs; presumption of death; service, https://www.­nysenate.­gov/legislation/laws/RPA/991 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

901
By whom maintainable 903
Necessary defendants 904
Permissible defendants 905
Complaint 907
Trial of title or interest 911
Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown... 913
Inquiry as to creditors 915
Interlocutory judgment 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 921
Actual partition 922
Meeting of commissioners 923
Security for credit on sale 925
Report of sale 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 951
Recording of judgment 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 971
Security for refund 973
Report of disposition of proceeds 981
Costs and expenses 991
Proceeding for share of unknown heirs 992
Judgment in proceeding for share of unknown heirs 993
Uniform partition of heirs property act
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 991’s source at nysenate​.gov

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