67-4a-903. Claim for property by person claiming to be owner.
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Effective 5/6/2026
67-4a-903. Claim for property by person claiming to be owner.
(a)A person claiming to be the owner of property held under this chapter by the administrator may file a claim for the property on a form prescribed by the administrator.
(b)The claimant shall verify the claim as to its completeness and accuracy.
(2)If the owner claiming the unclaimed property is a creditor, the following apply:
(i)the exclusive remedy for satisfying a creditor's judgement is payment of a claim under the act; and
(ii)a writ of attachment, garnishment, or execution is prohibited on unclaimed property;
(b)a creditor may only receive the value of the creditor's judgment or the amount held by the administrator, whichever is less; and
(c)the administrator may waive the requirement in Subsection
(1)and may pay or deliver property directly to a person if:
(i)the person receiving the property or payment is shown to be the apparent owner included on a report filed under Section 67-4a-401 ;
(ii)the administrator reasonably believes the person is entitled to receive the property or payment; and
(iii)the property has a value of less than $500.
(a)For a claim involving property of a decedent, one or more heirs or owners of the property may, on a form prescribed by the administrator, file a single claim for the property on behalf of all heirs or owners if:
(i)the property has a value of $100,000 or less; and
(ii)more than one person is entitled to file a claim for the property.
(b)The claimant or claimants of a claim described in Subsection (3)(a) shall file with the claim:
(i)an affidavit that satisfies the requirements of Section 75-3-1201 ; and
(ii)a form prescribed by the administrator, signed by each claimant, in which the claimant agrees to:
(A)receive the property in a fiduciary capacity and equitably distribute to each owner the portion of the property to which the owner is entitled; and
(B)indemnify the state, the administrator, and the state's agents, officers, and employees against any liability on a claim to the property.
(c)The claimant or claimants of a claim described in Subsection (3)(a) shall verify the claim for completeness and accuracy.
Amended by Chapter 264 , 2026 General Session