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§58-693.
§58-693.
A. Whenever a final account and order of distribution shall direct the
payment of monies to a minor, and no person shall within ninety (90)
days thereafter become the legal and qualified guardian for the minor,
so that the executor or administrator may be discharged, the court may
direct the executor or administrator to prepare an order directing the
county treasurer to make the deposit of funds in a specified
institution and for a specified term. Upon receipt of the order, the
court clerk shall make a temporary deposit in the case, and forward
the court's order to the county treasurer for deposit of the funds in
a specified institution for a specified term, with the same effect as
though taken from a legally-qualified guardian of the minor; and the
treasurer shall hold the monies in trust for the minor until a
guardian shall be appointed and call for the same, or until the minor
shall become of age and demand the same; provided, that all the monies
in the hands of the treasurer at the expiration of the treasurer's
term of office must be turned over to the successor in office.
B. Whenever a final account and order of distribution shall direct the
payment of monies to a legatee, heir, creditor, or claimant, whose
address or whereabouts is not known, or who will not accept and
receipt for said monies within ninety (90) days thereafter, so that
the executor or administrator may be discharged, the court may direct
the executor or administrator to prepare an order directing the county
treasurer to make the deposit of funds in a specified institution and
for a specified term. Upon receipt of the order, the court clerk shall
make a temporary deposit in the case, and forward the court's order to
the county treasurer for deposit of the funds in a specified
institution for a specified term, with the same effect as though taken
from the person; and the treasurer shall hold the monies in trust for
the person until a legal or personal representative shall demand and
accept the same; provided, that all such monies in the hands of the
treasurer at the expiration of the treasurer's term of office must be
turned over to the successor in office.
C. In the event no person qualified to receive money deposited with
the court clerk makes demand therefor within thirty (30) days after
receipt by the court clerk and the deposit is in excess of One Hundred
Dollars ($100.00), the court clerk is authorized and directed to
invest such funds in one or more savings accounts or certificates of
deposit in a bank or savings and loan association whose deposits are
insured by an agency of the federal government. When the person
legally entitled thereto makes request upon the court clerk, the
account or fund, together with all accumulations , shall be paid over
to the person legally entitled thereto upon the court clerk taking a
receipt in full for such payment, which receipt shall be filed in and
become a part of the records of the case.
D. Whenever a final account and order of distribution based thereon
shall direct the payment of monies to an heir or legatee who has died
during the pendency of the probate proceedings, and no person shall
within ninety (90) days thereafter become the legal and qualified
personal representative of the deceased heir or legatee, so that the
executor or administrator may be discharged, the court may make an
order directing the executor or administrator to deposit such money in
the hands of the court clerk, taking a receipt therefor, with the same
effect as though taken from a legally-qualified personal
representative of the heir or legatee; and the clerk shall hold such
monies in trust until a personal representative shall demand and
accept the same; provided, that all such monies in the hands of the
court clerk at the expiration of the court clerk's term of office must
be turned over to the successor in office.
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