N.Y. Surrogate's Court Procedure Act § 2223: Funds paid into court 1

§ 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.