HB244 Alabama 2017 Session

Summary

Primary Sponsor

Bill Poole

Republican

Session

Regular Session 2017

Title

Fiduciary funds, unclaimed, paid to circuit clerk for holding, Sec. 19-3-87 am'd.

Summary

HB244 changes unclaimed fiduciary funds after five years from the county treasury to the clerk of the circuit court, with separate accounting and a path for claimants to recover.

What This Bill Does

After five years, the court may order that unclaimed fiduciary funds held by officers (such as clerks, probate judges, or sheriffs) be paid to the clerk of the circuit court instead of the county treasury. The clerk must keep a separate, identifiable account for these payments. People entitled to these funds can recover the amount within 10 years by obtaining a court order through a summary motion after five days’ notice to the probate judge. The act becomes effective on the first day of the third month after it passes into law.

Who It Affects

• Beneficiaries or claimants entitled to unclaimed fiduciary funds, who would have a 10-year window to recover the money and would be paid from the circuit court clerk's office.
• Clerk of the circuit court (and the circuit court system) that would receive and hold unclaimed fiduciary funds after five years and maintain a separate accounting for these payments.

Key Provisions

• After five years, unclaimed fiduciary fund balances may be paid to the clerk of the circuit court rather than the county treasury, as directed by the court.
• A separate account must be kept to identify and track all such payments to the circuit court clerk.
• Those entitled to the funds can recover the amount within 10 years by obtaining a court order, via a summary motion after five days’ notice to the probate judge.
• The act becomes effective on the first day of the third month following passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Fiduciaries