If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any. Otherwise, the personal representative shall sell the share of the missing person and distribute the proceeds to the state treasurer as prescribed by the Uniform Unclaimed Property Act [Chapter 7, Article 8A NMSA 1978]. History: 1953 Comp., § 32A-3-914, enacted by Laws 1975, ch. 257, § 3-914; 1993, ch. 174, § 78. Official comments. — See Commissioners on Uniform State Law official comment to 3-914 UPC. The 1993 amendment, effective July 1, 1993, substituted "Uniform Unclaimed Property Act" for "Uniform Disposition of Unclaimed Property Act Sections 22-22-1 through 22-22-29 NMSA 1953". Escheat to state. — In the event of the death of a patient for whom there are no records of dependents, relatives, friends or beneficiaries, the disposition of personal effects and/or moneys left at the hospital by the deceased should be escheated to the state. 1961 Op. Att'y Gen. No. 61-116 (opinion rendered under former law). Unclaimed funds contrasted with proceeds from escheat. — If a decedent dies intestate and no heirs can be found, the remaining estate funds escheat to the state and should be sent to the state treasurer to be deposited into the current school fund as required by N.M. Const., Art. XII, § 4. However, if a decedent dies with a will, the remaining estate funds should ultimately be sent to the taxation and revenue department, through the state treasurer, to be placed in the unclaimed property fund, administered by the taxation and revenue department for use by the state until such property is claimed by a lawful owner. Disposition of remaining estate funds under the Probate Code (10/8/19), Att'y Gen. Adv. Ltr. 2019-03. Am. Jur. 2d, A.L.R. and C.J.S. references. — Necessity of judicial proceedings to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364. Necessity and sufficiency of notice to support title by escheat to decedent's estate, 48 A.L.R. 1342. Inheritance from illegitimate, 48 A.L.R.2d 759. Escheat of personal property of intestate domiciled or resident in another state, 50 A.L.R.2d 1375. Duty and liability of executor with respect to locating and noticing legatees, devisees or heirs, 10 A.L.R.3d 547. 30A C.J.S. Escheat §§ 4 to 6.
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