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Committee approves bill shifting decedent property duties from clerks to coroners

February 14, 2025 | Labor, Health & Social Services Committee, House of Representative, Committees, Legislative, Wyoming


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Committee approves bill shifting decedent property duties from clerks to coroners
The Labor, Health & Social Services Committee voted to approve Senate File 75 on Feb. 14, moving the bill out of committee by voice and roll-call votes.

Senator Case, sponsor of the bill, told the committee the measure would transfer responsibility for the disposition of money and other property found on decedents without next of kin from clerks of district court to county coroners, and add procedural framework for valuation, notification and sale.

The bill responds to what supporters described as a mismatch between statutory language and local practice. “What this bill does is to provide for the disposition of property that is found on a decedent when there's no next of kin,” Senator Case said. He told the committee clerks of district court are a constitutional office but are not the county offices that typically handle personal effects found on bodies.

The bill, as amended in committee, requires the coroner to wait 180 days for a claim by a personal representative or next of kin. If no claim is made within 180 days, the coroner must cause the property to be sold at public auction or by any other sale method adopted by the county. Money and proceeds from the sale first pay burial expenses; remaining proceeds in excess of $50 must be deposited with the state treasurer under the Uniform Unclaimed Property Act. The bill sets an effective date of July 1.

Amanda Sanchez, clerk of district court in Fremont County, testified in support of the bill and said clerks historically accumulated unclaimed items because the statutory process offered no practical way to move property out of county custody. “Some of the clerks still have just items hanging around their office because there was no way to actually move that property on besides just sitting there,” Sanchez said. She listed examples of items that have been brought to clerks’ offices, including earbuds, guitars and vehicles, and said she was not aware of animals ever being transferred to clerks’ offices.

Representative Austin asked how the Uniform Unclaimed Property Act operates. Senator Case explained that the unclaimed property account, administered by the state treasurer, holds funds for the benefit of rightful owners in perpetuity and that the state invests those funds; interest is retained by the state while claimants may later recover principal.

Representative Yen offered an amendment to require a “good faith effort” to locate the rightful owner before transferring property to the unclaimed fund; the amendment was described by Representative Bien as coming from the chief executive’s office to limit hidden liability once property goes into state custody. The committee adopted the amendment by voice vote.

The committee recorded an 8–0 favorable vote with one member excused and moved the bill forward to the full chamber for consideration.

The bill’s sponsor and clerks asked that a committee member or other legislator carry the measure on the floor.

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