Title 40, Estates and Fiduciary Relations

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…