Section 911. Final determination and distribution of an absentee's estate 1


Latest version.
  • 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.