N.Y. Real Property Actions & Proceedings Law § 991: Proceeding for share of unknown heirs; presumption of death; service

§ 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.