Printable Format59-1508. Unclaimed money. If any part of the money on hand has not been paid over because the person entitled thereto cannot be found or refuses to accept the same, or for any other good and sufficient reason, the district court may order the executor or administrator to pay the same to the county treasurer for the same disposition as is provided by K.S.A. 20-2801 for moneys received from forfeitures, except that if the person to whom said sum is ordered to be paid refuses to accept the same when it is tendered such person by the executor or administrator, the court may, either before or after the sum has been deposited, order the same to be paid and distributed to those who would be entitled thereto had the refusing legatee or distributee not been entitled to it.
Upon application to the district court within ten (10) years after such deposit, and upon notice to the county attorney and the county treasurer, the court may order the county treasurer to pay the same to the person entitled thereto. No interest shall be allowed or paid thereon, and if the deposit is not claimed within such time no recovery thereof can be had.
History: L. 1939, ch. 180, § 119; L. 1973, ch. 106, § 14; L. 1976, ch. 242, § 18; January 10, 1977.
Source or prior law:
22-932.
CASE ANNOTATIONS
1. History of section discussed; conservator of absentee's estate cannot withdraw impounded money. Ruppenthal v. Maag, 153 Kan. 588, 589, 595, 113 P.2d 101.
2. Probate court has exclusive original jurisdiction of proceedings to recover money deposited; anyone entitled thereto may bring proceeding; construed. In re Estate of Dinsmoor, 159 Kan. 76, 77, 78, 152 P.2d 58.
3. Garnishment; money may be redistributed hereunder to other legatees. In re Estate of Hall, 160 Kan. 25, 27, 159 P.2d 408.
4. Before statute utilized there must be determination of person entitled to property and that the person cannot be found. In re Estate of Newland, 240 Kan. 249, 257, 730 P.2d 351 (1986).