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Committee approves changes letting coroners dispose of property from unclaimed decedents; unclaimed funds over $50 to state treasurer
Summary
Senate File 75 would update an early-1900s statute to allow coroners to dispose of property found on unclaimed decedents, require proceeds to pay burial expenses first, deposit remaining funds over $50 with the State Treasurer's unclaimed-property account, and set a 180‑day claim period.
Senate File 75, a measure to modernize how coroners and counties handle money and property found with unclaimed decedents, was amended and advanced by the Senate Judiciary Committee.
Amanda Sanchez, Fremont County clerk of district court, and Diane Sanchez, Laramie County clerk of district court, described practical problems under the current statute, which requires coroners to deliver property over $50 to the clerk of district court but provides no clear disposal process. "At this time ... the current law does not give us a direction on how to dispose of that property besides taking it to the Clerk of District Court," Amanda Sanchez told the committee, adding that some clerks have been storing items such as earbuds, a truck or a trailer because there is no clear disposal procedure.
The bill draft directs coroners to sell property at public auction or by another county-adopted sale method, apply proceeds first to burial expenses, and deposit any remaining money into the county general fund. During committee discussion members proposed tighter language to balance a county's burial-cost needs with protections for potential heirs. Committee amendments replaced the term "reasonable time" for claim by next of kin with a fixed 180-day period and directed that remaining funds and proceeds in excess of $50 be delivered to the State Treasurer's unclaimed-property division rather than retained in the county general fund.
Senator Hicks raised concerns about inconsistent practices among 23 counties and the administrative burden of varying local rules; another senator urged flexibility for counties to use practical sale methods (for example, small-item disposition vs. online auctions) while maintaining public notice. Clerk Sanchez said coroners sometimes consider auctions disrespectful for personal items and asked for county-level policy flexibility.
Under the adopted changes the process in the bill reads: coroners may sell property by public auction or other county-adopted means, use sale proceeds to pay burial costs, and remit remaining funds and proceeds over $50 to the State Treasurer's unclaimed-property account; items or proceeds at or below $50 would be retained by the county (to fund burial expenses) under the amended language. The committee voted to advance the bill by roll call (4 ayes, 1 excused).
Votes at a glance: Committee adopted amendments (180‑day claim period; unclaimed funds over $50 to State Treasurer) and reported Senate File 75 out of committee 4–0 (1 excused).
Background: Sponsors said the statute dates to the early 1900s and does not address modern concerns such as cell phones or vehicles found with decedents. Clerks and coroners asked for a uniform statutory framework to avoid indefinite local storage of property.
