☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 470

Effective - 19 Jun 2002, see footnote bottom

  470.010.  Estates escheat, when. — 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.

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(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.

(1965) Words "leaving no heirs or representatives" mean "no known heirs", but state has burden of proof to show no known heirs. State ex rel. Henry v. Malhman (Mo.), 386 S.W.2d 1.


---- end of effective   19 Jun 2002 ----

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