Section 991. Proceeding for share of unknown heirs; presumption of death; service  


Latest version.
  • 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.