2005 Vermont Code - § 559. — Person absent and unheard of; share of

§ 559. Person absent and unheard of; share of

If a person entitled to a distributive share of the estate of a decedent is absent and unheard of for fifteen years, five years of which are after the death of the decedent, or is absent and unheard of for a period of twenty-five years, two years of which are after such death, the probate court in which the decedent's estate is pending may order the share of the absent person distributed among the person's lineal heirs, if it is shown to the probate court that the person has any, otherwise among the heirs of the decedent. If the absent person proves to be alive, the person shall be entitled to the share of the estate notwithstanding prior distribution, and may recover in an action on this statute, any portion thereof which any one received under order. Before an order is made for the payment or distribution of any money or estate as herein authorized, notice shall be given as provided by the rules of probate procedure. (Amended 1985, No. 144 (Adj. Sess.), § 33.)