N.Y. Surrogate's Court Procedure Act § 2225: Determination of distributees, devisees, legatees, beneficiaries and distributive and beneficial shares In any proceeding where the court...

§ 2225. Determination of distributees, devisees, legatees, beneficiaries

and distributive and beneficial shares

In any proceeding where the court is required to determine the

distributees entitled to share in the estate under EPTL 4-1.1, or where

a devisee, legatee or a beneficiary of a will or trust subject to the

jurisdiction of the court is entitled to money or property upon the

occurrence of a specified event, the petition may request the court as

incidental thereto to adjudge that (a) a person who might otherwise be a

distributee, devisee, legatee or beneficiary is dead or (b) that no

distributees, devisees, legatees or beneficiaries other than those

stated in the record exists. Citation shall issue to the person named

and to unknown distributees or to unknown devisees, legatees or

beneficiaries, if any. For the purposes of this section, a "specified

event" shall be the time specified in the will or lifetime trust for the

determination of the identity of the devisee, legatee, beneficiary or

members of a class thereof entitled to share in the estate or trust

property.

(a) If it is established to the satisfaction of the court that a

person who would be a distributee, or a devisee, legatee or beneficiary

upon the occurrence of a specified event, has not been heard from for a

period of at least three years since the death of the decedent, or since

the occurrence of such event, as the case may be, that a diligent search

has been made to discover evidence that such person is still living, and

that no such evidence has been found, the court may make a determination

that such person is presumed dead and that he or she predeceased the

decedent without issue or that such devisee, legatee or beneficiary is

presumed to have died prior to the occurrence of such event and that

such person died prior thereto without issue other than those issues

stated in the record.

(b) If it appears to the satisfaction of the court that diligent and

exhaustive efforts have been made from all available sources to

ascertain the existence of distributees, or members of a class of

devisees, legatees or beneficiaries, that at least three years have

elapsed since the death of the decedent, or since the occurrence of the

specified event upon which such class is finally determined, as the case

may be, that the parties before the court know of no distributees of the

decedent, or of such legatees, devisees or beneficiaries, other than

those stated in the record, and that no claim to a share in the estate

or trust has been made by any person whose relationship or existence has

not been established in the record, the court may make a determination

that no distributee of the decedent or class of distributees exists, or

that no such devisee, legatee or beneficiary, or members of a class of

legatees, devisees or beneficiaries exists, other than those whose

status is established in the record before the court.

(c) Upon making the findings under subdivision (a) or (b) of this

section, the court may direct distribution of the assets to those

distributees or to those devisees, legatees and beneficiaries whose

relationship or present existence has been established in the record

before the court.