Kentucky Statutes 393.020 – Property subject to escheat
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If any property having a situs in this state has been devised or bequeathed to any person and is not claimed by that person or by his heirs, distributees, or devisees within three (3) years after the death of the testator, or if the owner of any property having a situs in this state dies without heirs or distributees entitled to it and without disposing of it by will, it shall vest in the state, subject to all legal and equitable demands. Any property abandoned by the owner, except a perfect title to a corporeal hereditament, shall vest in the state, subject to all legal and equitable demands. Any property that vests in the state under this section shall be liquidated, and the proceeds, less costs, fees, and expenses incidental to all legal proceedings of the liquidation shall be paid to the department.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 95, sec. 7, effective June 24, 2003. — Amended
1994 Ky. Acts ch. 58, sec. 3, effective March 10, 1994; and ch. 83, sec. 1, effective
July 15, 1994. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 1606.
Effective: June 24, 2003
Terms Used In Kentucky Statutes 393.020
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Testator: A male person who leaves a will at death.
History: Amended 2003 Ky. Acts ch. 95, sec. 7, effective June 24, 2003. — Amended
1994 Ky. Acts ch. 58, sec. 3, effective March 10, 1994; and ch. 83, sec. 1, effective
July 15, 1994. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 1606.