US Lawyer Database

§ 30-3-107. Search for Absentee Directed by Court

The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods: By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee’s whereabouts; By notifying officers […]

§ 30-3-108. Final Hearing and Finding

At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee’s death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court […]

§ 30-3-110. Termination of Receivership

Upon the entry of any final finding and decree as provided in § 30-3-108, the court shall proceed to wind up the receivership and terminate the proceedings: In the case of a finding under subsections (a) or (c) of § 30-3-108, that the absentee is dead: By satisfying all outstanding debts and charges of the […]

§ 30-3-111. Distribution of Property

The property remaining for distribution in accordance with § 30-3-110(2)(C), shall be distributed among those persons who would be entitled thereto under the laws of descent and distribution of this state had the absentee died intestate as of the date determined by the court in its final finding and decree, or in case the absentee […]

§ 30-3-112. Insurance Proceeds

At the time of the distribution under § 30-3-111, the court may direct the payment to the beneficiaries of any sums due and unpaid under any policies of insurance upon the life of the absentee, if the claim is uncontested by the insurer. If the claim is contested the court shall take jurisdiction of the […]

§ 30-3-113. Fund for Reimbursement of Appearing Absentees

In each case of termination of receivership as provided in § 30-3-110, the court, except in cases where the proceedings have been certified to the probate court under § 30-3-108(a) or (c), shall set aside the sum there named and direct its payment by the receiver to the state treasurer, who shall deal with such […]

§ 30-3-114. Construction and Application of Part

This part shall be so interpreted and construed as to effectuate the general purpose to make uniform the law of those states which enact the same law. This part shall have no retroactive application to the time prior to February 15, 1941.

§ 30-3-104. Receiver — Appointment — Powers

When a person domiciled in this state and having an interest in any form of property disappears and is absent from the person’s place of residence without being heard of after diligent inquiry, upon application for a finding of such disappearance and absence and of the necessity for the appointment of a receiver to the […]