§ 919 - Persons unheard from for five years; settlement of estate
§ 919. Persons unheard from for five years; settlement of estate
When a person is absent and unheard from for five years or when a certificate of presumed death of a person has been issued under section 5219 of Title 18, that person's estate shall be subject to administration by the probate court. If a will exists, the will shall be presented to the court and may be allowed and the estate closed thereunder. If no will is found, the court having jurisdiction of the estate may grant letters of administration thereof and proceed with the estate as in the settlement of intestate estates, but distribution of the estate shall not be made until five years after the granting of administration or letters testamentary. Before granting an order for distribution or for payment of legacies named in any will which may have been allowed, the court shall require from the legatees or distributees a bond or bonds with sufficient surety to the court, conditioned to return the amount distributed or paid with lawful interest thereon to the person so absent and unheard from upon reappearance and demand for the same. If the distributee or legatee is unable to give the security aforesaid, the same shall be placed at interest upon security approved by the court or by the executor or administrator, as the case may be, and the interest shall be paid annually to the distributee or legatee and the estate shall remain at interest until the probate court by which the letters of administration or letters testamentary were granted shall order it paid to the legatees or distributees. Upon motion, an order shall not be made permitting payment or distribution without the security hereinbefore provided for until at least seven years have elapsed since the granting of letters testamentary or of administration on the estate of the supposed decedent. (Amended 1985, No. 144 (Adj. Sess.), § 43; 1989, No. 236 (Adj. Sess.), § 2, eff. June 4, 1990.)