{"jurisdiction": "us-ny", "code": "scpa", "section": "911", "citation": "SCPA § 911", "heading": "Final determination and distribution of an absentee's estate 1", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/911", "from_official_api": true, "plain_english": "An absentee's estate ends on proof of death, on the absentee's return, or by decree after a long absence.\n- **(1)** If the absentee is in fact dead, the **temporary administrator or an interested person may petition** for probate or full letters and a judicial finding of death. If that serves the estate's best interests, the court may order **accounting and distribution without permanent letters**.\n- **(2)** If the absentee or the absentee's appointed fiduciary appears and claims the property **before any decree of distribution**, the temporary administrator must **account for and pay over the remainder after lawful deductions**. ★\n- **(3)** The absentee may stay unheard of for **5 years after the § 902(3) finding**, or for **1 year after appointment** if the temporary administrator was not appointed within **4 years** of that finding. If the property has also not been returned under subdivision 2, the court **must direct an accounting** and require the absentee to **show cause** why the assets should not be distributed. It **must then decree that the absentee's interest has ended**. The property passes by will or intestacy **as if the absentee died at the end of the 5-year period**. The decree may settle contingent contract or property rights as under **EPTL 2-1.7**. After the decree, the absentee **cannot sue to recover the property**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/911", "publisher": "Elyphived LLC"}