89-11-17 - Sale of escheated personalty; payment of debts.
§ 89-11-17. Sale of escheated personalty; payment of debts.
The court which decrees any escheat thereof shall retain jurisdiction of personal property after decreeing the escheat, and shall require the same to be sold and the net proceeds to be paid into the state treasury; and it may provide for the payment of the debts of the deceased owner out of the proceeds of the personal property before the same be paid over; but any petition by a creditor, alleging an indebtedness due to him by the late owner of real or personal property which may escheat, must be filed in the suit for the declaration of the escheat before final hearing thereof, accompanied with the claim probated as if administration had been granted, or the claim will be barred.
Sources: Codes, 1892, § 1709; 1906, § 1886; Hemingway's 1917, § 1529; 1930, § 1519; 1942, § 488.