Chapter 470 Escheats

470.080 - To be served, when.

Steven Groce, Attorney Advertisement

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

470.180 - Petition served on whom.

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

470.090 - Who may appear and defend.

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

470.140 - Writ of possession to issue.

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

470.150 - Copy of record filed with state treasurer.

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

470.270 - Money or effects involved in litigation — disposition — unclaimed property, state may bring action to recover, when, exceptions.

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, 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.

(L. 1945 p. 915 § 1, A.L. 1947 V. I p. 297, A.L. 1990 H.B. 1052, A.L. 2002 S.B. 810 and A.L. 2002 S.B. 1248, A.L. 2011 H.B. 315)

*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, 386.520

(1957) Service of process by publication in class proceedings to escheat unclaimed excess insurance premiums in registry of court met statutory requirements and did not violate due process by not specifically advising defendants to file answer.State v. Goodbar (Mo.), 297 S.W.2d 525.

470.170 - Lands claimed within five years, by whom.

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

470.070 - Scire facias to issue.

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

470.060 - When lands transfer to state.

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

470.160 - Appeals taken.

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

470.130 - Judgment for defendant, when.

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

470.030 - Proceedings when moneys are not paid to state treasurer as required.

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

470.220 - State treasurer to keep record.

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

470.020 - Disposition of unclaimed moneys — deemed unclaimed property, when — transfer to abandoned fund account — transfer to public schools.

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 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, 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, 166.011

470.120 - Judgment for state, when.

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

470.100 - Judgment rendered, when.

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

470.200 - Court may order sale.

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

470.110 - Issues shall be made up and tried, when.

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

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.

(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.

470.210 - Proceeds paid into abandoned fund account.

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 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.