TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 15. PUBLIC ADMINISTRATOR

Part 2. Powers and Duties in Administration

Wrongful Failure Of Public Administrator To Deposit Money -- Action On Bond

72-15-213. Wrongful failure of public administrator to deposit money -- action on bond. When it appears from the returns made in pursuance of this part that any money remains in the hands of the public administrator after final settlement of the estate unclaimed that should be paid over to the county treasurer, the court or judge shall order the money paid over to the county treasurer. On the failure of the public administrator to comply with the order within 10 days after the order is made, the county attorney shall immediately institute the requisite proceedings against the public administrator for a judgment against the public administrator and the sureties on the public administrator's official bond in the amount of the money withheld and costs.

History: En. Sec. 347, p. 330, L. 1877; re-en. Sec. 347, 2nd Div. Rev. Stat. 1879; re-en. Sec. 347, 2nd Div. Comp. Stat. 1887; re-en. Sec. 4524, Pol. C. 1895; re-en. Sec. 3087, Rev. C. 1907; re-en. Sec. 10004, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1740; re-en. Sec. 10004, R.C.M. 1935; R.C.M. 1947, 91-615; amd. Sec. 2468, Ch. 56, L. 2009.