Section 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.