Title 40, Estates and Fiduciary Relations

As used in this chapter, unless the context clearly requires otherwise. (1) “Personal property” means money, negotiable instruments, chooses in action, interest, debts or demands due to the escheated estate, stocks, bonds, deposits, machinery, farm crops, live stock, fixtures, an…

(a) If any person, who, at the time of his death, is the owner of any personal property in this Territory, and died, intestate, without heirs or known kindred, capable of inheriting the same, and without leaving a surviving spouse, such personal property, shall escheat to the Ter…

Whenever the owner, beneficial owner, or person entitled to any personal property within this Territory, has remained unknown for the period of 14 successive years, or whenever the whereabouts of such owner, beneficial owner or person, has remained unknown for the period of 14 su…

The High Court, Trial Division, has jurisdiction in all escheat cases. History: 1988, PL 20-64.

Whenever, by reason of any information filed with the Attorney General, or which comes to his notice so that he shall become aware of the fact that any personal property has escheated or is supposed to have escheated to the Territory under the provisions of this chapter, he shall…

Such escheator, when so appointed, must proceed and furnish to the Attorney General all the facts, information and evidence necessary to prosecute successfully the escheat in the High Court. History: 1988, PL 20-64.

The action in the High Court for escheat is brought in the name of the Territory of American Samoa by the Attorney General and against the person having custody or possession of the personal property alleged to have escheated to the Territory. History: 1988, PL 20-64.

(a) The Court provides for notice of the action by directing that a notice as stated below be posted in the place specified by the Court where other notices required to be posted are customarily posted, and that the name be published once a week for 2 successive weeks in a newspa…

(a) The High Court, by its judgment, may determine the title to such personal property, and where the Court finds that such personal property, in whole or in part, has escheated to the Territory, the judgment must so declare, and such personal property shall thereupon escheat to …

(a) Upon the filing of a final judgment escheating personal property, the person having such property in his possession shall forthwith deliver the same to the Treasurer. If such personal property be in the form of money, the Treasurer shall deposit the same into the general fund…

Any judgment entered pursuant to this chapter, and the provisions contained therein, automatically operates as a full, obsolute and unconditional release and discharge of the person having the escheated property in possession or custody from any and all claims, demands, or liabil…

All proceedings in escheat in the High Court shall be without costs to the Territory or to the parties defendant except that the Court may impose such costs or counsel fees against a defendant where such defendant is found by the Court to have defended the escheat proceedings wit…

It is lawful to join more than one escheatable property or estate and more than one action where it appears that the amount of escheatable property in each case does not exceed $1,000. History: 1988, PL 20-64.

The title to property acquired by purchasers sold under and by the provisions of this chapter shall be absolute. History: 1988, PL 20-64.

The Attorney General in handling cases under this chapter, shall at all reasonable times have access to and be entitled to certified copies of all public papers and reports filed with any department of the American Samoa Government, free from any cost, charge or fee, except for p…

Upon the final determination or adjudication in any escheat action provided herein, the Attorney General must transmit a duly certified copy of the judgment to the Treasurer. History: 1988, PL 20-64.

Any person whose property may have escheated to the Territory as provided herein, or any rightful heir, spouse or next of kin entitled to such property by descent or succession may within 2 years after the filing of the final judgment in the High Court, apply to that Court to reo…