Effective - 19 Jun 2002
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.
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(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
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Section 470.010 - Estates escheat, when.
Section 470.030 - Proceedings when moneys are not paid to state treasurer as required.
Section 470.060 - When lands transfer to state.
Section 470.070 - Scire facias to issue.
Section 470.080 - To be served, when.
Section 470.090 - Who may appear and defend.
Section 470.100 - Judgment rendered, when.
Section 470.110 - Issues shall be made up and tried, when.
Section 470.120 - Judgment for state, when.
Section 470.130 - Judgment for defendant, when.
Section 470.140 - Writ of possession to issue.
Section 470.150 - Copy of record filed with state treasurer.
Section 470.160 - Appeals taken.
Section 470.170 - Lands claimed within five years, by whom.
Section 470.180 - Petition served on whom.
Section 470.200 - Court may order sale.
Section 470.210 - Proceeds paid into abandoned fund account.