N.Y. Surrogate's Court Procedure Act § 911: Final determination and distribution of an absentee's estate 1

§ 911. Final determination and distribution of an absentee's estate

1. If it appears at any time during the administration of the estate

that the absentee is in fact dead the temporary administrator or a

person interested may petition for the probate of his or her will or the

grant of full letters of administration and for a judicial determination

of the fact of death and if the court finds that it is in the best

interests of the estate an accounting and distribution may be directed

without the issuance of permanent letters.

2. If before any decree of distribution has been made, an absentee or

his duly appointed fiduciary appears and claims his or her property the

temporary administrator shall account for, deliver and pay over to the

absentee or such fiduciary the remainder thereof after making such

deductions as are allowable by law.

3. If the absentee has not appeared or been heard of after the lapse

of 5 years from the date of the finding required by 902, subdivision 3

or in case the temporary administrator is not appointed within 4 years

after said date, upon the expiration of 1 year after the date of the

appointment of the temporary administrator and if the remainder of the

property has not been accounted for, delivered or paid over to the

absentee or his or her fiduciary under the preceding subdivision of this

section the court shall direct an accounting, require the absentee to

show cause why his or her assets should not be distributed according to

law and thereafter make a decree determining that all interest of the

absentee in his or her property has ceased and terminated and directing

that all his or her property be distributed to such persons as would be

entitled thereto, by will or as in an intestacy, as if such absentee

died at the expiration of such 5 year period. Such decree may include a

determination of the rights of the absentee or any other person in any

contractual or property rights contingent upon the death of the absentee

in the same manner as section 2-1.7 of the estates, powers and trusts

law. No action shall be brought by an absentee to recover any portion

of his or her property after the determination and decree.