§ 9-8-7.Investment of funds in receivership
Chapter 8. Receivers · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-8-7
Plain-English Summary
Litigation can drag on for years, and while it does, cash a receiver is holding does nothing but sit in an account. This section lets the presiding judge order that money invested rather than left dormant, so it can earn a return while the parties’ underlying dispute works its way to resolution.
Rather than write a separate set of investment rules for receivers, the section borrows the standard already applied to executors and administrators handling estate funds. That choice keeps receivers to the same conservative, fiduciary-minded investment approach the law expects from anyone managing money on behalf of people who aren’t there to watch over it directly.
The authority reaches beyond receivers themselves — it covers funds in the hands of “any other officer of court,” so the same investment option is available whenever court-supervised money is waiting out a case, not only in a receivership.
Frequently Asked Questions
Who decides whether receivership funds get invested?
The presiding judge, acting in his discretion, decides whether to order the funds invested.
What standard governs how the funds may be invested?
The funds are to be invested as provided in the case of executors and administrators.
Does this section apply only to funds held by receivers?
No. It applies to funds in the hands of a receiver or any other officer of court.
What circumstance does the section describe as the reason for investing the funds?
Funds awaiting the termination of protracted litigation — cases that are taking a long time to resolve.
Is the judge required to order the funds invested?
No. The section says the judge may order the investment, leaving the decision to the judge’s discretion rather than making it mandatory.
Amendment History
Orig. Code 1863, § 272; Code 1868, § 266; Code 1873, § 275; Code 1882, § 275; Civil Code 1895, § 4905; Civil Code 1910, § 5480; Code 1933, § 55-306.