72-15-213. Wrongful failure of public administrator to deposit money -- action on bond. When it appears from the returns made in pursuance of this part that any money remains in the hands of the public administrator after final settlement of the estate unclaimed that should be paid over to the county treasurer, the court or judge shall order the money paid over to the county treasurer. On the failure of the public administrator to comply with the order within 10 days after the order is made, the county attorney shall immediately institute the requisite proceedings against the public administrator for a judgment against the public administrator and the sureties on the public administrator's official bond in the amount of the money withheld and costs.
History: En. Sec. 347, p. 330, L. 1877; re-en. Sec. 347, 2nd Div. Rev. Stat. 1879; re-en. Sec. 347, 2nd Div. Comp. Stat. 1887; re-en. Sec. 4524, Pol. C. 1895; re-en. Sec. 3087, Rev. C. 1907; re-en. Sec. 10004, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1740; re-en. Sec. 10004, R.C.M. 1935; R.C.M. 1947, 91-615; amd. Sec. 2468, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 15. Public Administrator
Part 2. Powers and Duties in Administration
72-15-201. Duty to make out inventory, administer, and account
72-15-202. Duty to deliver up estate when letters granted to another
72-15-203. Power of court to order account and delivery of estate at any time
72-15-204. Duty to keep register
72-15-206. Monthly settlement of accounts
72-15-207. Annual account of condition of all estates
72-15-208. Power of court to require additional report or bond
72-15-209. Power of public administrator to administer oaths
72-15-211. Conflict of interest prohibited -- affidavit
72-15-212. Final settlement of estate -- sale of property -- escheat
72-15-213. Wrongful failure of public administrator to deposit money -- action on bond