470.030. Proceedings when moneys are not paid to state treasurer as required.
Proceedings when moneys are not paid to state treasurer as required.
470.030. 1. The court having the settlement of the accounts of suchexecutor or administrator, assignee, sheriff or receiver shall give creditfor the amount thereof; but if the moneys are not paid to the statetreasurer, the prosecuting attorney of the county in which the executor oradministrator, assignee, sheriff or receiver resides, shall, upon givingten days' previous notice of his or her intention so to do, move the courtto enter judgment against the executor or administrator, assignee, sheriffor receiver, and his or her sureties, or either of them, for the moneys inhis or her possession, together with eight percent per annum thereon fromthe time the same should have been turned over to the state treasurer untilthe rendition of the judgment.
2. The court shall determine the case in a summary manner, and if itfinds the facts as stated in the motion to be true, and no valid andreasonable excuse for the delay is offered, shall enter judgmentaccordingly and adjudge the executor or administrator, assignee, sheriff orreceiver to pay all costs of the proceedings.
(RSMo 1939 § 622, A.L. 1957 p. 866, A.L. 2002 S.B. 1248)Prior revisions: 1929 § 622; 1919 § 5311; 1909 § 6258
Effective 6-19-02