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§ 28-13-102. Prerequisites to escheat of property

If any person dies seized of any real or personal estate, without any devise thereof, and leaving no heirs or representatives capable of inheriting the estate, or the devisees are incapable of holding the estate, and when there is no owner of real estate capable of holding the estate, the estate shall escheat to and […]

§ 28-13-103. Claims for nursing care of intestate

(a) If any person dies seized of any real or personal estate, with no surviving spouse or minor children and the person has received nursing care paid in whole or in part by the Department of Human Services, then the department shall be entitled to reimbursement for the total amount of nursing care paid for […]

§ 28-13-104. Settlement of administrator’s accounts

(a) When there is administration granted and there are no known heirs or legal representatives of the intestate, or no person shall appear, within two (2) years after granting letters of administration, to claim the personal estate of the intestate, as next of kin, the administrator, in the settlement of his or her accounts with […]

§ 28-13-105. Prosecuting attorney — Duties

(a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall: (1) Examine the proceedings of the administration; (2) Cause process to be issued to compel the prompt settlement of his […]

§ 28-13-106. Escheat of real property — Proceedings

(a) (1) When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his or her district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the […]

§ 28-13-107. Escheat of real property — Judgments

(a) If no person appears and pleads, or, appearing, refuses to plead within the term, then judgment shall be rendered that the county is seized of the lands and tenements in the information claimed. (b) (1) If, after the issues are tried, it appears from the facts found or admitted that the county has good […]

§ 28-13-108. Escheat of real property — Vesting title in county

(a) A writ shall be issued to the sheriff of the proper county commanding the sheriff to seize the real estate vested in the county. (b) Upon the return of the writ of seizure, the prosecuting attorney for the district shall: (1) Cause the record and process to be exemplified under the seal of the […]

§ 28-13-109. Sale of escheated real estate

(a) The county judge may cause the estate to be sold at any time after seizure, in such manner as may be provided by the quorum court. In such a case, the claimants shall be entitled to the proceeds, in lieu of the real estate, upon obtaining a decree or order reclaiming the escheated property, […]

§ 28-13-110. Reclamation of escheated property

(a) (1) (A) If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he or she may file a petition in the circuit court in the county in which the decedent resided at death, stating […]

§ 28-13-111. Review of proceedings

Any party who has appeared to any proceedings, and the prosecuting attorney for the circuit on behalf of the county, shall have the right to prosecute an appeal or writ of error upon the judgment.