When the prosecuting attorney shall be informed, or have reason to believe, that any real estate within his or her county should transfer to the state, and such estate shall not have been sold according to law, within five years after the death of the person last seized, for the payment of the debts of the deceased, the prosecuting attorney shall file an information in behalf of the state in the circuit court of the county in which such estate is situate, setting forth a description of the estate, the name of the person last lawfully seized, the names of the terre-tenants and persons claiming the same, if known, and the facts and circumstances in consequence of which such estate is claimed to have transferred and alleging that, by reason thereof, the state of Missouri hath right to such estate.