§560:3-1212 - Estates of persons leaving no known relatives.
§560:3-1212 Estates of persons
leaving no known relatives. Every coroner or medical examiner who is
called to investigate the death of any person leaving no known spouse or
reciprocal beneficiary, issue, parent, grandparent, or issue of grandparents
over the age of majority in the State, shall take immediate charge of the
decedent's personal effects and if in the discretion of the coroner the value
of such personal effects is in excess of $2,500, forthwith deliver them to the
clerk of the court of the judicial circuit in which such decedent died.
If after ten days no person appears, competent
to initiate appropriate probate proceedings, the clerk shall administer the
estate pursuant to the provisions of this part; provided that if the decedent's
estate is of a value exceeding $100,000, the clerk shall notify the judge of
the circuit having charge of the probate calendar, and shall petition for the
appointment of a personal representative of such estate other than the clerk.
In the meantime the clerk may take such steps as may be appropriate to preserve
and conserve the real and personal property of the decedent. All expenses in
connection with the taking possession, care, and conservation of the property
and with such proceedings shall be proper charges against the estate of the
decedent. The corporation counsel or county attorney of each county shall
advise, assist, and represent as far as necessary any of such officers in the
performance of any act or the institution or prosecution of any proceeding required
by this section. If the decedent's estate is of a value not exceeding $2,500
and the decedent has no known relatives or whose relatives have failed to
indicate any means of disposition of the estate, then the coroner or medical
examiner having custody of the property shall dispose of the property in an
appropriate manner, which may be any one of the following or a combination
thereof:
(1) Where the estate consists only of money and is
not in excess of $2,500 and expenditures have been made in connection with such
death, to reimburse the appropriate city and/or county office that made the
disbursement to defray said expenses;
(2) Where the estate consists of cash or personal
belongings of monetary value, or both, not exceeding $2,500, to liquidate the
personal belongings and apply the proceeds, together with the cash, if the
total does not exceed $2,500, in accordance with paragraph (1);
(3) Where the assets in the estate are of no monetary
value (unsalable) and in the best judgment and discretion of the coroner or
medical examiner can be used by some charitable institution, to donate the
assets to whatever charitable institution is willing and able to pick up the
assets in question;
(4) Where the assets have no value whatsoever or are
in such condition that, in the best judgment and discretion of the coroner or
medical examiner, a charitable institution cannot use the properties, or will
not receive the properties, to destroy the same in any manner the coroner or
medical examiner sees fit; and
(5) If under paragraphs (1) and (2), there are assets
remaining, then the coroner or medical examiner shall forthwith forward the
same to the state director of finance for disposition as provided in chapter
523A. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2000, c 48, §9]