In case the property be not escheated, the costs incurred in behalf of the state shall be paid out of the state treasury, and the court shall cause the same to be certified to the auditor of public accounts, who shall issue his warrant therefor. In case the property shall be adjudged to be escheated, a reasonable commission and attorneys’ fees shall be allowed by the court to the escheator, which shall be taxed as costs and, together with all other costs allowed by the court, shall be paid out of the proceeds of the personal property, if the said proceeds be sufficient to pay the same. If the personal property of a deceased owner of escheated property be insufficient for the payment of his debts and the costs so allowed by the court, or if there be no personal property, the court shall decree the real estate subject to the payment of the costs so allowed, and shall order the sale of a sufficiency thereof for that purpose, and require any balance of proceeds to be paid into the state treasury through the land office.
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