LegalFix

§ 28-13-110. Reclamation of escheated property

AR Code § 28-13-110 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(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 the nature of his or her claim and praying that such money may be paid to him or her.

(B) A copy of the petition shall be served on the prosecuting attorney for the district, who shall put in an answer to the petition.

(2) The court shall examine the claim and the allegations and proofs. If it finds that the person is entitled to any money paid into the treasury, the court shall make an order directing the county treasurer to issue his or her warrant on the county treasurer for the payment of the money, but without interest or costs. A copy of the order, under the seal of the court, shall be a sufficient voucher for issuing the warrant.

(b)

(1) If any person appears and claims lands vested in the county within seven (7) years after the death of the last person seized, the person, other than one who was served with scire facias or appeared to the proceeding or the person's heirs or assigns, may file his or her petition in the circuit court in the county or district where the land may lie, setting forth the nature of his or her demand or claim and praying that the estate may be relinquished to him or her.

(2) A copy of the petition shall be served on the prosecuting attorney for the district, who shall answer it. The court shall examine the claim and allegations, together with such proof as may be adduced.

(3) If it appears that the person is entitled to the lands, the court shall decree accordingly. The decree shall divest the interest of the county in the estate. However, no costs shall be adjudged against the county in such a case.

(c) All persons who fail to appear and file their petitions within the time limited shall be forever barred, except the usual saving to infants.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 28-13-110. Reclamation of escheated property