ยง531-33 - Procedure to dispose of unclaimed personalty.
ยง531-33ย Procedure to dispose of unclaimed
personalty.ย Whenever the personal representative of an estate is unable to
discover any living heirs or legatees of the decedent, the personal
representative shall give notice to all heirs or legatees by publication in
such newspaper or newspapers and for such time as the court or registrar may
direct, but not less than once a week for three successive weeks, of the date
of the hearing upon the personal representative's final accounts or the date on
which the personal representative's closing statement will be approved if no
objection is filed, which notice shall direct all claimants of a distributive
share in the estate of the decedent to appear and present their claims at the
hearing or in writing prior to the date on which the closing statement will be
approved if no objection is filed; provided that the time allowed for
presentation of claims shall be not less than ninety days after the first
publication of the notice.
If no claims are presented within the prescribed
time, or if such claims as may be allowed do not exhaust the personalty of the
estate, any personal estate remaining after the settlement and approval of the
final accounts of the personal representative, and the payment of such
distributive shares as may be allowed by the court or registrar shall upon
order of the court be transferred to the state director of finance by the
personal representative.
The director shall cause to be sold at public
auction all such personalty as is so transferred, except cash or bonds of the
State.
The personal estate shall be disposed of as
provided in chapter 523A. [L 1925, c 190, ยงยง1, 2, 3, 4; RL 1935, ยง4235; RL
1945, ยง12031; RL 1955, ยง317-32; am L Sp 1959 2d, c 1, ยง14; am L 1963, c 114,
ยง1; HRS ยง531-33; am L 1974, c 75, ยง10; am L 1976, c 200, pt of ยง1; am L 1977, c
144, ยง60; am L 1979, c 105, ยง50; am L 1985, c 68, ยง23]