72-14-205. Unsold intangible personal property -- how disposed of -- auction sale. (1) If the intangible personal property in an escheated estate was not sold by the personal representative at the final settlement of the estate, then the personal representative shall deliver all of the property to the department of revenue with a statement setting forth the name of the estate to which it belongs. The department shall, within 1 year of the receipt of the property, sell the property to the highest bidder at a public auction sale at the department's office in Helena, Montana.
(2) The department shall give notice of the sale by publication in a Helena newspaper once a week for 2 successive weeks. The last publication must be at least 20 days prior to the date of the sale. The notice must give the time and place of the sale and must contain a list and description of the stocks, bonds, securities, or other intangible personal property to be sold.
(3) All of the expenses of the sale must be deducted from the proceeds of the sale by the department, and the balance of the proceeds must be delivered by the department to the state treasurer for deposit in the private purpose trust fund.
History: En. Sec. 5, Ch. 184, L. 1943; amd. Sec. 112, Ch. 147, L. 1963; amd. Sec. 3, Ch. 156, L. 1971; amd. Sec. 69, Ch. 391, L. 1973; R.C.M. 1947, 91-505; amd. Sec. 3, Ch. 628, L. 1979; amd. Sec. 5, Ch. 5, L. 1995; amd. Sec. 23, Ch. 34, L. 2001.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Part 2. Procedure for State Acquisition of Escheatable Property
72-14-201. Discovery to determine existence of escheatable property
72-14-203. Investment of deposited moneys pending proceedings
72-14-204. Order directing sale of property upon final settlement of estate
72-14-205. Unsold intangible personal property -- how disposed of -- auction sale
72-14-206. Unsold real property -- how disposed of -- auction sale
72-14-207. Unsold tangible personal property -- how disposed of -- auction sale
72-14-208. Sales by department of revenue and county treasurer -- how conducted
72-14-209. Deposit of all sums escheated -- private purpose trust fund