§ 9-5-203 — Recovery of escheated or forfeited property; general procedure; proceedings where estate without known heirs; unclaimed payments; disposition of property obtained

Wyoming § 9-5-203

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 5: PROPERTY AND BUILDINGS
• Art. 2: GIFTS, ESCHEATS AND FORFEITURES

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(a) Whenever any property escheats or is forfeited to the
state for its use, the legal title vests in the state from the
time of the escheat or forfeiture. A complaint may be filed by
the county attorney of the proper county or by the attorney
general in the name of the state of Wyoming against the person
or bank which possesses the escheated or forfeited property, in
the district court of the proper county for the recovery of the
property, alleging the grounds on which the recovery is claimed,
and like proceedings in judgment shall be had as in a civil
action for the recovery of property. In any such action due
proof that any real or personal property has been unclaimed for
five (5) years immediately prior to the time of filing the
complaint and that the name or whereabouts of the owner of the
property is unknown is prima facie evidence of the failure of
title to the property for want of legal heirs.
(b) In cases where probate proceedings are commenced upon
the estate of any person without known heirs no action under
subsection (a) of this section need be brought. The court having
jurisdiction of the estate shall enter a decree in the estate,
distributing the unclaimed property remaining for distribution
in the estate to the state of Wyoming. Where probate proceedings
have been commenced but have never been completed, the county
attorney or attorney general may proceed as provided by
subsection (a) of this section. In any such estate, the failure
of any heirs or devisees of the deceased to appear and establish
a claim within the time fixed by the notice of final settlement
of the estate for filing objections to the final account and
petition for distribution is prima facie evidence of the failure
of title to the property of the estate for want of legal heirs
or devisees.
(c) In all cases in which any property, or any refunds,
dividends or other payments are ordered to be conveyed or paid
to persons in the state of Wyoming by a decree, judgment or
order of any court or governmental agency, and the property,
refunds, dividends or other payments are not claimed by the
person entitled thereto within the time fixed or limited by the
order of the court or governmental agency directing the payment
thereof, the property, refunds, dividends or other payments are
the property of the state of Wyoming, subject to subsection (d)
of this section. At the expiration of the fixed or limited time,
the court or governmental agency shall enter the proper decree,
judgment or order directing that the property escheat to the
state of Wyoming.
(d) All funds obtained by the state by escheat or
forfeiture, shall be paid over to the state treasurer and kept
by him in a separate account for a period of five (5) years
during which time the monies are payable by him to the true
owners upon presentment of a proper claim supported by
satisfactory proof of ownership. After expiration of the five
(5) year period without lawful claim, the funds shall be
credited to the common school permanent land fund account. All
real and personal property obtained by the state of Wyoming by
escheat or forfeiture shall be received by and shall be under
the direction and control of the state treasurer who shall give
a receipt to the court therefor. The property shall be held in
kind, except as hereinafter provided, by the state treasurer for
a period of five (5) years during which time it is subject to
claims by the rightful owners who may file their claims in the
court which had original jurisdiction of the property. After the
expiration of the five (5) year period without lawful claim
therefor, the state treasurer shall sell the personal property
at public or private sale, and shall sell the real property in
the manner provided in W.S. 36-9-101 through 36-9-120 for the
sale of state lands. The proceeds received from the sale shall
be paid into the state treasury of the state and shall be
credited by the state treasurer to the common school permanent
land fund account.
(e) All real property held by the state treasurer during
the five (5) year redemption period provided by subsection (d)
of this section, may be transferred by the state treasurer to
the state board of land commissioners to be administered as
other state lands and shall not be sold except as hereafter
provided. When any real or personal property will, in the
opinion of the state treasurer, depreciate in value, the state
treasurer may petition the court which had original jurisdiction
over the property, for an order directing the sale of the
property. Upon receipt of the order the state treasurer shall
dispose of the property as ordered by the court. Any monies
obtained by the conversion shall be credited to a separate
account for the remaining five (5) years, during which time the
monies shall be payable by the state treasurer to the true
owners in the manner, and upon proof, as provided in subsection
(d) of this section.
(f) This section does not apply to property which is
subject to the Uniform Unclaimed Property Act, W.S. 34-24-101
through 34-24-140.