§ 25-2717.Unclaimed funds; payment to State Treasurer; disposition.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2021 · Last verified July 22, 2026
Full Text of § 25-2717
Source
Laws 1909, c. 40, § 2, p. 227; R.S.1913, § 1243; Laws 1921, c. 105, § 1, p. 376; C.S.1922, § 1166; C.S.1929, § 27-546; R.S.1943, § 24-553; Laws 1949, c. 49, § 1, p. 157; Laws 1967, c. 139, § 4, p. 427; R.R.S.1943, § 24-553; Laws 1972, LB 1032, § 63; Laws 1978, LB 860, § 1; R.S.1943, (1985), § 24-563; Laws 1992, Third Spec. Sess., LB 26, § 2; Laws 2019, LB406, § 2; Laws 2021, LB532, § 2.
Cross References
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
Plain-English Summary
Money passes through a county court in many forms — filing fees, condemnation awards, legacies and devises from an estate, sums owed to a creditor, or costs due an heir or legatee. Section 25-2717 answers a question every county court office eventually faces: what happens when no one comes to collect it? If three years pass from the date the funds were paid to the county judge, or a predecessor in that office, without the rightful person collecting or demanding them, the judge must notify the State Treasurer of the amount still on hand.
Notice alone does not move the money. The county judge remits the unclaimed funds to the State Treasurer only when the Treasurer directs the transfer, and the destination is the Unclaimed Property Trust Fund created under section 69-1317. That routes county-held funds into the statewide system that already handles unclaimed bank accounts, insurance proceeds, and similar property, where an owner can later file a claim.
The section also shields the judge personally. Payment to the Treasurer in compliance with this section releases the judge’s bond from further liability for the fees, money, awards, legacies, devises, or costs covered by that payment. A judge who follows the notice-and-remit process here does not remain exposed if an heir or creditor surfaces later looking for funds already forwarded to the state.
Frequently Asked Questions
How long does money have to sit unclaimed in county court before this section applies?
Three years from the date the funds were paid to the county judge or a predecessor in office, without the person entitled to them collecting or demanding payment.
Who decides when the county judge sends the money to the State Treasurer?
The State Treasurer does. The judge first notifies the Treasurer of the unclaimed funds, then remits them only after the Treasurer directs the transfer.
Where does the money go after the county judge remits it?
Into the Unclaimed Property Trust Fund created by section 69-1317, the same fund that holds other unclaimed property an owner can later claim through the state.
Does this section cover only cash, or other court-held property too?
It covers fees, money, condemnation awards, legacies, devises, sums due creditors, and costs due an heir, legatee, or other person — the categories of funds that typically pass through a county court in probate and related matters.
What happens to the county judge’s liability once the funds reach the Treasurer?
Paying the funds to the Treasurer in compliance with this section releases the judge’s bond from further liability for the fees, money, awards, legacies, devises, or costs paid over.
Can an heir who turns up later still recover the money?
This section governs the county judge’s duty to notify and remit; a person looking to recover funds already forwarded to the state would pursue that claim through the unclaimed property system referenced in section 69-1329.