Missouri Statute | Act | Code |Trusts And Estates Of Decedents And Persons Under Disability| US Code - US Statute

If any person die intestate, seized of any real or personal
property, leaving no heirs or representatives currently capable of
inheriting the same; or, if upon final settlement of an executor or
administrator, there is a balance in his or her hands belonging to some
legatee or distributee who is a nonresident or who is not in a situation
to receive the same and give a discharge thereof or who does not appear
by himself or herself or agent to claim and receive the same; or, if upon
final settlement of an assignee for the benefit of creditors, there shall
remain in his or her possession any unclaimed dividends; or, if upon
final report of any sheriff to the court, it is shown that the interests
in the proceeds of the sale of land in partition of certain parties, who
are absent from the state, who are nonresidents, who are not known or
named in the proceedings, or who, from any cause, are not in a situation
to receive the same, are in his or her hands unpaid and unclaimed; or,
if, upon final settlement of the receiver of any company or corporation
which has been doing business in this state, there is money in his or her
hands unpaid and unclaimed, in each and every such instance such real and
personal estate shall transfer to the state, subject to and in accordance
with the provisions of sections 470.010 to 470.220 and sections 447.500
to 447.595, RSMo. (RSMo 1939 § 620, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 620; 1919 § 5309; 1909 § 6256

Effective 6-19-02

(1951) Where, after closing of banks, plans were adopted resulting in
transfer of part of assets and equal percent of liabilities to another
bank and remainder to liquidating trustees, transfer to trustees was
assignment for benefit of creditors under this section, so that unclaimed
liquidating dividends in hands of trustees escheat. Jones v. Fidelity
Nat. Bank & Trust Co., 362 Mo. 712, 243 S.W.2d 970.

1. Within one year after the final settlement of any executor or
administrator, assignee, sheriff or receiver, all moneys in his or her
hands unpaid or unclaimed, as provided in section 470.010, shall, upon
the order of the court in which the settlement is made, be paid to the
state treasurer.

2. Beginning January 1, 2003, all real and personal estate that transfers
or has transferred to the state pursuant to section 470.010 shall be
deemed unclaimed property under the uniform disposition of unclaimed
property act as set forth in chapter 447, RSMo, and shall be treated in
the same manner as all other unclaimed property under such act.

3. All moneys in the escheats fund on or after December 31, 2002, shall
be transferred to the abandoned fund account created in section 447.543,
RSMo, and the escheats fund shall be abolished. Any accounting
information maintained by the commissioner of administration for moneys
paid into the state treasury and all moneys from the sale of lands vested
in the state shall be transferred to the unclaimed property division of
the office of state treasurer.

4. The state treasurer shall remain custodian of any bonds purchased by
the state board of fund commissioners prior to January 1, 2003, and shall
deposit all interest received from such bonds into the abandoned fund
account. The state treasurer, in consultation with the state board of
fund commissioners, shall determine the use and disposition of proceeds
from all such bonds purchased by the state board.

5. Beginning in fiscal year 2003 and for each subsequent fiscal year, the
state treasurer shall transfer from the abandoned fund account to the
public schools fund an amount equal to five percent of the annual amount
transferred to the general revenue fund from the abandoned fund account
net any transfers from the general revenue to the abandoned fund account.
(RSMo 1939 § 621, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 621; 1919 § 5310; 1909 § 6257

Effective 6-19-02

CROSS REFERENCE:

Escheats fund to be used for support of public schools, RSMo 166.011

1. The court having the settlement of the accounts of such
executor or administrator, assignee, sheriff or receiver shall give
credit for the amount thereof; but if the moneys are not paid to the
state treasurer, the prosecuting attorney of the county in which the
executor or administrator, assignee, sheriff or receiver resides, shall,
upon giving ten days' previous notice of his or her intention so to do,
move the court to enter judgment against the executor or administrator,
assignee, sheriff or receiver, and his or her sureties, or either of
them, for the moneys in his or her possession, together with eight
percent per annum thereon from the time the same should have been turned
over to the state treasurer until the rendition of the judgment.

2. The court shall determine the case in a summary manner, and if it
finds the facts as stated in the motion to be true, and no valid and
reasonable excuse for the delay is offered, shall enter judgment
accordingly and adjudge the executor or administrator, assignee, sheriff
or receiver to pay all costs of the proceedings. (RSMo 1939 § 622, A.L.
1957 p. 866, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 622; 1919 § 5311; 1909 § 6258

Effective 6-19-02

When the prosecuting attorney shall be informed, or have reason
to believe, that any real estate within his or her county should transfer
to the state, and such estate shall not have been sold according to law,
within five years after the death of the person last seized, for the
payment of the debts of the deceased, the prosecuting attorney shall file
an information in behalf of the state in the circuit court of the county
in which such estate is situate, setting forth a description of the
estate, the name of the person last lawfully seized, the names of the
terre-tenants and persons claiming the same, if known, and the facts and
circumstances in consequence of which such estate is claimed to have
transferred and alleging that, by reason thereof, the state of Missouri
hath right to such estate. (RSMo 1939 § 625, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 625; 1919 § 5314; 1909 § 6261

Effective 6-19-02

Such court shall award and issue a scire facias against such
person, bodies politic or corporate, as shall be alleged in such
information to hold, possess or claim such estate, requiring them to
appear and show cause why such estate should not be sold and transferred
to the state, at the next term of such court. (RSMo 1939 § 626, A.L. 2002
S.B. 1248)

Prior revisions: 1929 § 626; 1919 § 5315; 1909 § 6262

Effective 6-19-02

Such scire facias shall be served fifteen days before the return
day thereof, and the court shall make an order, setting forth briefly the
contents of such information, and requiring all persons interested in or
claiming title to said estate to appear and show cause, at the next term
of said court, why the same shall not be sold and the proceeds
transferred to the state; which order shall be published for six weeks in
some newspaper printed and published in the county in which such
proceedings are had. (RSMo 1939 § 627, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 627; 1919 § 5316; 1909 § 6263

Effective 6-19-02

All persons, bodies politic and corporate, named in such
information as terre-tenants or claimants to the estate, may appear and
plead to such proceeding, and may traverse or deny the facts stated in
the information and the title of the state to the lands and tenements
therein mentioned and described, at any time on or before the third day
after the return of such scire facias; and any other person claiming an
interest in such estate may appear and be made a defendant, and plead by
motion for that purpose, in open court, within the time allowed for
pleading. (RSMo 1939 § 628)

Prior revisions: 1929 § 628; 1919 § 5317; 1909 § 6264

If no person appear and plead, or, appearing, shall refuse to
plead, within the time, then judgment shall be rendered for the state,
and it shall be seized and possessed of the lands and tenements in such
information described and claimed. (RSMo 1939 § 629)

Prior revisions: 1929 § 629; 1919 § 5318; 1909 § 6265

If any person shall appear and deny the title set up by the
state, or traverse any material fact in the information alleged, issues
shall be made up and tried as other issues of fact, and a survey may be
ordered and entered as in other actions when the title or boundaries of
land are in dispute. (RSMo 1939 § 630)

Prior revisions: 1929 § 630; 1919 § 5319; 1909 § 6266

If, after the issues are tried, it appear from the facts that
the state hath good title to the lands and tenements described in the
information, or any part thereof, judgment shall be rendered that the
state be seized thereof and recover costs against the defendant. (RSMo
1939 § 631)

Prior revisions: 1929 § 631; 1919 § 5320; 1909 § 6267

If it appears that the state has no title in such estate, the
defendant shall recover his or her costs, to be taxed and certified by
the clerk, provided that the court find, from the facts, that the title
to such estate is in the defendant. When such certificate of the clerk is
filed in his or her office, the state treasurer shall pay the certificate
as other demands on the treasury. (RSMo 1939 § 632, A.L. 1947 V. I p.
295, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 632; 1919 § 5321; 1909 § 6268

Effective 6-19-02

When judgment is rendered for, and the title to such real estate
described in the information is vested in the state, a writ shall be
issued to the sheriff of the same county, commanding him to seize said
real estate. (RSMo 1939 § 633)

Prior revisions: 1929 § 633; 1919 § 5322; 1909 § 6269

Upon the return of such writ of possession, the prosecuting
attorney shall cause the record and process to be exemplified under the
seal of the court and deposit the same in the office of the state
treasurer; and he or she shall cause the transcript of the judgment to be
recorded in the office of the recorder of the county in which such estate
is situate; and such judgment shall preclude all parties and privies
thereto, their heirs and assigns, so long as such judgment shall remain
in force. (RSMo 1939 § 634, A.L. 1947 V. I p. 295, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 634; 1919 § 5323; 1909 § 6270

Effective 6-19-02

Any party who shall have appeared to any proceedings, and the
prosecuting attorney on behalf of the state, shall have the right to
prosecute an appeal upon any such judgment. (RSMo 1939 § 635, A. 1949
S.B. 1137)

Prior revisions: 1929 § 635; 1919 § 5324; 1909 § 6271

Within five years after judgment has been rendered, any person,
other than those who were served with the scire facias, or appeared to
the proceedings, their heirs or assigns, may appear and claim lands
vested in the state and may file his petition in the circuit court of the
county in which such estate is situate, setting forth the nature of his
claim, and praying that the said estate may be relinquished to him. (RSMo
1939 § 636)

Prior revisions: 1929 § 636; 1919 § 5325; 1909 § 6272

A copy of this petition shall be served upon the prosecuting
attorney of the county, who shall make answer thereto; and the court
shall examine the allegations and proofs, and if it appear that the
person has a good claim, title or interest in such estate, the court
shall decree accordingly, divesting the state of any interest therein;
but in no case shall costs be adjudged against the state. (RSMo 1939 §
637)

Prior revisions: 1929 § 637; 1919 § 5326; 1909 § 6273

Whenever title to any real estate has vested in the state, the
circuit court of the county in which such estate is situate shall, upon
the application of the prosecuting attorney of said county, order and
direct said real estate to be sold; which sale shall be made by the
sheriff of said county and shall be advertised and conducted in the same
manner as shall by law be provided for the sale of real estate under
execution. (RSMo 1939 § 639, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 639; 1919 § 5328; 1909 § 6275

Effective 6-19-02

All moneys realized from the sale of any real estate, after
paying all costs of such proceedings, and such compensation to the
prosecuting attorney as shall be allowed by the court in which such order
of sale is made, shall be paid by the sheriff into the state treasury
within ninety days after the receipt thereof; and if said sheriff fails
to pay said money into the state treasury within ninety days after the
receipt thereof, the sheriff shall be proceeded against in the same
manner as is provided in section 470.030. Moneys so paid into the state
treasury shall be deemed unclaimed property under the uniform disposition
of unclaimed property act as set forth in chapter 447, RSMo, and shall be
credited into the abandoned fund account, and shall be treated in the
same manner as other moneys paid into the state treasury under sections
470.010 to 470.220. (RSMo 1939 § 640, A.L. 2002 S.B. 1248)

Prior revisions: 1929 § 640; 1919 § 5329; 1909 § 6276

Effective 6-19-02

The state treasurer shall keep just and accurate account of all
money paid into the state treasury, all land vested in the state pursuant
to sections 470.010 to 470.220, and all proceeds received from the sale
of such land. (RSMo 1939 § 641, A.L. 1947 V. I p. 295, A.L. 2002 S.B.
1248)

Prior revisions: 1929 § 641; 1919 § 5330; 1909 § 6277

Effective 6-19-02

After the owner, his or her assignee, personal representative,
grantee, heirs, devisees or other successors, entitled to any moneys,
refund of rates or premiums or effects by reason of any litigation
concerning rates, refunds, refund of premiums, fares or charges collected
by any person or corporation in the state of Missouri for any service
rendered or to be rendered in said state, or for any contract of
insurance on property in this state, or under any contract of insurance
performed or to be performed in said state, which moneys, refund of rates
or premiums or effects have been paid into or deposited in connection
with any cause in any court of the state of Missouri or in connection
with any cause in any United States court, or so paid into the custody of
any depositary, clerk, custodian, or other officer of such court, whether
the same be afterwards transferred and deposited in the United States
treasury or not, shall be and remain unknown, or the whereabouts of such
person or persons shall be and has been unknown, for the period
heretofore, or hereafter, of five successive years, or such moneys,
refund of rates or premiums or effects remain unclaimed for the period
heretofore, or hereafter, of five successive years, from the time such
moneys or property are ordered repaid or distributed by such courts, such
moneys or property shall be escheatable to the state of Missouri, and may
be escheated to the state of Missouri in the manner herein provided, with
all interest and earnings actually accrued thereon to the date of the
judgment and decree for the escheat of the same; except that all refunds
of rates generated by the refund of natural gas or electric rates shall
be transferred to the utilicare stabilization fund created pursuant to
section 660.136, RSMo, with the exception of lawsuits in which the state
of Missouri is a party, if the moneys that result from a refund of rates
remains unclaimed after five years from the date when such rates are
ordered repaid, with all interest from such refunded rates that is earned
from the date such rates are ordered repaid to escheat to the state as
otherwise provided in sections 470.270 to 470.350**. The provisions of
this section notwithstanding, this state may elect to take custody of
such unclaimed property by instituting a proceeding pursuant to section
447.575, RSMo. (L. 1945 p. 915 § 1, A.L. 1947 V. I p. 297, A.L. 1990 H.B.
1052, A.L. 2002 S.B. 810)

*This section was amended by both S.B. 810 and S.B. 1248 during the
Ninety-first General Assembly, Second Regular Session, 2002. Due to
possible conflict, both versions are printed here.

**Sections 470.280 to 470.350 were repealed by S.B. 1248, 2002.

CROSS REFERENCE:

Disposition of excess charges by utilities on stay order of public
service commission, RSMo 386.520

1. Notwithstanding any other provision of this chapter, after
the owner, the owner's assignee, personal representative, grantee, heirs,
devisees or other successors, entitled to any moneys, refund of rates or
premiums or effects by reason of any litigation concerning rates,
refunds, refund of premiums, fares or charges collected by any person or
corporation in the state of Missouri for any service rendered or to be
rendered in said state, or for any contract of insurance on property in
this state, or under any contract of insurance performed or to be
performed in said state, which moneys, refund of rates or premiums or
effects have been paid into or deposited in connection with any cause in
any court of the state of Missouri or in connection with any cause in any
United States court, or so paid into the custody of any depositary,
clerk, custodian, or other officer of such court, whether the same be
afterwards transferred and deposited in the United States treasury or
not, shall be and remain unknown, or the whereabouts of such person or
persons shall be and has been unknown, for the period heretofore, or
hereafter, of three successive years, or such moneys, refund of rates or
premiums or effects remain unclaimed for the period heretofore, or
hereafter, of three successive years, from the time such moneys or
property are ordered repaid or distributed by such courts, such moneys or
property shall be deemed abandoned and transferred to the state of
Missouri, with all interest and earnings actually accrued thereon to the
date of transfer of the same. All moneys or property transferring to the
state pursuant to this section shall be deemed unclaimed property under
the uniform disposition of unclaimed property act as set forth in chapter
447, RSMo, and shall be treated in the same manner as all other unclaimed
property under such act.

2. In fiscal year 2003, the commissioner of administration shall estimate
the amount of any additional state revenue received pursuant to
subsection 3 of section 470.020 and shall transfer an equivalent amount
of general revenue to the schools of the future fund created in section
163.005, RSMo. (L. 1945 p. 915 § 1, A.L. 1947 V. 1 p. 297, A.L. 1990 H.B.
1052, A.L. 2002 S.B. 1248)

Effective 6-19-02

*This section was amended by both S.B. 810 and S.B. 1248 during the
Ninety-first General Assembly, Second Regular Session, 2002. Due to
possible conflict, both versions are printed here.

CROSS REFERENCE: Disposition of excess charges by utilities on stay order
of public service commission, RSMo 386.520

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