New York Surrogate's Court Procedure - Article 22 - § 2222 Legacy or Distributive Share Payable to Unknown Person to Be Paid to Comptroller

Surrogate's Court Procedure 
  § 2222. Legacy  or  distributive  share  payable to unknown person to be
             paid to comptroller
    1. Where the person entitled to a  legacy  or  distributive  share  is
  unknown  the  decree must direct the fiduciary to pay the amount thereof
  to the comptroller of the state for the benefit of the person or persons
  who may thereafter appear to be entitled thereto.
    The decree must also direct that such payment be accompanied by a copy
  of the decree, certified by the clerk of the court to be a true copy  of
  the original on file in his office. The fee for such certification shall
  be deemed a necessary and proper disbursement, to be charged against and
  deducted from said legacy or distributive share prior to payment of same
  to  the  comptroller,  said  disbursement  to be paid or credited to the
  person making the same, as the surrogate in said decree may direct.
    2. The court or the supreme  court  upon  the  petition  of  a  person
  claiming  to  be  so  entitled  and  upon  at  least  14  days'  notice,
  accompanied with a copy of the petition, to the  attorney  general,  the
  state comptroller and the public administrator of the county or if there
  be  none,  the  county treasurer, may by a reference or by directing the
  trial of an issue by a jury or otherwise, ascertain the  rights  of  the
  persons interested and grant an order directing the payment of any money
  which  appears to be due to the claimant, but without interest and after
  deducting all expenses incurred by the state with respect thereto.
    3. The comptroller upon the production of  a  certified  copy  of  the
  order  must  draw  his  warrant upon the abandoned property fund for the
  amount therein directed to  be  paid  payable  to  the  person  entitled
    4. At any time prior to the granting of an order therein notice of the
  claim,  accompanied  with  a copy of the petition, shall be given by the
  petitioner to such persons and in such manner as directed by the court.
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Last modified: February 16, 2014