reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1103. Suit to determine escheat.

§ 1103. Suit to determine escheat.
(a) Filing suit. — The Escheator, upon personal knowledge or upon receipt of information of any person dying intestate and without heirs or any known kindred who can inherit and hold the intestate property within this State, of which at the time of death such person was seized or possessed, and which has not previously been escheated to the State by order of the Probate Court, shall cause to be filed a suit in the Court of Chancery of the State in the county wherein such property is located (or if located in more than 1 county in any such county) to inquire whether, as shall be alleged, the person has died without heirs or any known kindred who can inherit and hold the estate, and whether such person was, at the time of death, seized or possessed of any and what estate, real or personal, in the county or counties, and also in whose possession the same shall be.
(b) Notice of Court action. — Upon filing suit in the Court of Chancery, the Escheator shall cause to be published at least once a week for 3 consecutive weeks in a newspaper of general circulation in the county or counties wherein such property is located, notice that the State has filed suit in the Court of Chancery to secure an order that the decedent's property has escheated to the State due to failure of heirs or next of kin qualified to inherit such property.
Said notice shall invite any person having a valid claim to the intestate property of the decedent to file written notice of such claim with the Court of Chancery within 30 days of the date of the third and final publication notice. The Escheator shall also cause similar notice to be posted at the site of any real property the decedent may have owned, and give similar notice by registered mail to all persons known to the Escheator to be in actual possession of the decedent's property.
Code 1852, §  1590;  Code 1915, §  126;  Code 1935, §  115;  42 Del. Laws, c. 57, §  1;  12 Del. C. 1953, §  1103;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1104. Final hearing and order.

§ 1104. Final hearing and order.
After the required notice has been given, a hearing shall be scheduled by the Court of Chancery at which all claimants may present evidence in support of their respective claims. If the Court finds that the conditions for escheat have been met, the Court shall issue an order that the decedent's property escheated to the State as of the date of death. If the Court finds that the conditions for escheat have not been met, the State's petition shall be dismissed and the decedent's property shall be disposed of as otherwise provided by law.
Code 1852, §  1591;  Code 1915, §  127;  Code 1935, §  116;  12 Del. C. 1953, §  1104;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1105. Presumption of death.

§ 1105. Presumption of death.
If any person is absent from the State for 7 consecutive years, and no evident proof is made of the person's life in any hearing held under the foregoing provisions of this subchapter, the person shall be accounted dead.
Code 1852, §  1592;  Code 1915, §  128;  Code 1935, §  117;  12 Del. C. 1953, §  1105;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1106. Seizure of escheated personalty.

§ 1106. Seizure of escheated personalty.
If, after hearing as provided herein, the Court finds that goods and chattels have escheated to the State and that said goods and chattels are not in the possession of the Court or the Escheator, the Escheator shall issue a writ, directed to the sheriff of the county, commanding the sheriff to seize, attach and secure such escheated goods and chattels, in whose hands the same are found, or if it is found at the aforesaid hearing that the goods and chattels or any part thereof have been eloigned, then to seize and attach so much of the goods and chattels of the person who has eloigned the same as shall be equal in value to the goods and chattels which the person eloigned.
Code 1852, §  1593;  Code 1915, §  129;  Code 1935, §  118;  12 Del. C. 1953, §  1106;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1107. Sale of seized property by sheriff.

§ 1107. Sale of seized property by sheriff.
The sheriff shall sell the goods and chattels seized and attached in accordance with this subchapter at public auction, after notice as in the case of sale of goods and chattels under execution process and shall, without delay, pay over the proceeds, thence arising to the Escheator for deposit in the General Fund. The sheriff shall be accountable, as in other cases, to the Escheator for money which by virtue of this section, shall come into the sheriff's hands.
Code 1852, §  1594;  Code 1915, §  130;  Code 1935, §  119;  12 Del. C. 1953, §  1107;  57 Del. Laws, c. 741, §  48B;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1108. Return of writ of seizure.

§ 1108. Return of writ of seizure.
(a) The writ prescribed in § 1106 of this title shall be duly returned to the Escheator, with an inventory and appraisement of the goods and chattels seized and attached by virtue thereof, and an account of the sale.
(b) The Escheator shall immediately upon receiving the writ transmit a duly certified copy thereof, and of the return, inventory and appraisement and account of sale to the Secretary of Finance and the State Treasurer.
Code 1852, §§  1595, 1596;  Code 1915, §§  131, 132;  Code 1935, §§  120, 121;  12 Del. C. 1953, §§  1108, 1109;  60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1109. Lease, retention or sale of real property.

§ 1109. Lease, retention or sale of real property.
If, after hearing under this subchapter, the Court finds that real property has escheated to the State, the Escheator, subject to the approval of the Governor, may lease such property upon a reasonable rent therefor, or retain such property for the benefit and use of the State. If the real property is not leased or retained, the Escheator shall sell such property, at public auction, upon like public notice as required by law for the sale of lands under execution process.
Code 1852, §  1597;  Code 1915, §  133;  Code 1935, §  122;  12 Del. C. 1953, §  1110;  60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1110. Conveyance of realty to purchaser after sale.

§ 1110. Conveyance of realty to purchaser after sale.
Immediately after sale under § 1109 of this title, the Escheator shall certify the same to the Governor, who, on filing such certificate in the office of the Secretary of State, together with a receipt from the State Treasurer for the price of the lands, shall, by and under the great seal, grant the lands and tenements to the purchaser thereof, to hold to the purchaser, the purchaser's heirs and assigns forever.
Code 1852, §  1602;  Code 1915, §  138;  Code 1935, §  127;  12 Del. C. 1953, §  1115;  57 Del. Laws, c. 741, §  48B;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1111. Nature of title of purchaser of realty.

§ 1111. Nature of title of purchaser of realty.
The title conveyed by virtue of a deed under § 1110 of this title shall be subject to any reversion, remainder, lease, rent, mortgage or encumbrance of the lands to which they were respectively subject prior to escheat as determined by the Court of Chancery at the hearing; in default of presentment at the hearing, such claims shall forever be barred.
Code 1852, §  1603;  Code 1915, §  139;  Code 1935, §  128;  12 Del. C. 1953, §  1116;  60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1112. Proceeds of sale.

§ 1112. Proceeds of sale.
The Escheator shall pay over the proceeds received from the sale or disposition of all escheated intestate property, real or personal, to the State Treasurer for deposit in the General Fund.
60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1113. Claims to proceeds of sale.

§ 1113. Claims to proceeds of sale.
Any person who did not participate in or receive actual notice of the hearing provided by § 1104 of this title shall have the right within 2 years of the date of sale of any property under this subchapter to file a claim by way of petition in the Court of Chancery, to all or any portion of the escheated property. If such claim is established and allowed by the Court, such person shall be entitled to receive from the State Treasurer, under a warrant for the same signed by the Secretary of Finance, all such proceeds as the State shall have received on the sale of such property or portion thereof, after all charges thereon are deducted, or all escheated property, real or personal, still held by the State, subject to paying all costs of the escheat.
Code 1852, §§  1604, 1605;  Code 1915, §§  140, 141;  Code 1935, §§  129, 130;  12 Del. C. 1953, §  1117;  49 Del. Laws, c. 57, §  1;  57 Del. Laws, c. 741, §  48B;  60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1114. Recovery of credits or property of the intestate not included in the Court's initial escheat order.

§ 1114. Recovery of credits or property of the intestate not included in the Court's initial escheat order.
If any person, at the death of any intestate, shall be indebted to the intestate, or if any part of such estate, real or personal, was not mentioned and included in the Court's initial escheat order, be in the possession of any person, the same shall be recovered to the use of the State by such action as the case may require, in which proceedings the initial escheat order touching the estate of such intestate shall be admissible evidence to prove that the intestate died without heirs or known kindred.
Code 1852, §  1606;  Code 1915, §  142;  Code 1935, §  131;  12 Del. C. 1953, §  1118;  60 Del. Laws, c. 292, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1115. Expenses of Escheator.

§ 1115. Expenses of Escheator.
The Escheator may, from time to time, draw a warrant upon the State Treasurer for sums necessary to pay the expenses of the enforcement of this subchapter, which warrants, when approved by the Secretary of Finance, shall be paid by the Treasurer out of the General Fund of the State.
Code 1935, §  133;  42 Del. Laws, c. 57, §  1;  12 Del. C. 1953, §  1120;  57 Del. Laws, c. 741, §  48B;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter I. Intestate Property › § 1116. Conveyance of certain escheated real property previously owned by a religious body.

§ 1116. Conveyance of certain escheated real property previously owned by a religious body.
The Secretary of State shall convey to a properly organized corporation of this State whatever title the State may have in any real property which was formerly held by or for a religious body and which has or may have escheated provided that:
(1) The Secretary is satisfied that the grantee corporation is the proper successor to the body previously holding equitable or legal title to the property;
(2) A certified copy of the recorded certificate of incorporation of the grantee corporation is provided;
(3) Prior notice of any such proposed conveyance is given by registered mail to the record title holders where known; and
(4) Notice of such proposed conveyance is published in a newspaper of general circulation in the county where the property is situated each week for 3 weeks prior to the execution of the conveyance.
All expenses of such conveyance and notices shall be paid by the grantee corporation.
Code 1852, §  1587;  Code 1915, §  123;  Code 1935, §  112;  42 Del. Laws, c. 57, §  1;  12 Del. C. 1953, §  1101;  49 Del. Laws, c. 51;  60 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1131. Inapplicability to wholly foreign transaction.

§ 1131. Inapplicability to wholly foreign transaction.
This chapter does not apply to property held, due, and owing in a foreign country if the transaction involving the property was a wholly foreign transaction.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1132. Rule-making.

§ 1132. Rule-making.
Except as provided in §§ 1167, 1173(a), and 1176(b) of this title, the State Escheator may make such rules and regulations as the State Escheator may deem necessary to administer and enforce this chapter.
12 Del. C. 1953, §  1154;  12 Del. C. 1953, §  1208;  50 Del. Laws, c. 507, §  1;  58 Del. Laws, c. 426, § 13;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1134. When contents of safe deposit box presumed abandoned.

§ 1134. When contents of safe deposit box presumed abandoned.
Proceeds from a sale of tangible property held in a safe deposit box by the holder permitted by law of this State other than this chapter are presumed abandoned if the property remains unclaimed by the owner 5 years after the earlier of 1 of the following:
(1) The expiration of the lease or rental period for the box.
(2) The earliest date when the lessor of the box is authorized by law of this State other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1135. When related property interest presumed abandoned.

§ 1135. When related property interest presumed abandoned.
At the time an interest is presumed abandoned under this chapter, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1136. Indication of owner interest in property.

§ 1136. Indication of owner interest in property.
(a) Property is not presumed abandoned if the owner indicates an interest in the property during the applicable periods in this chapter.
(b) An indication of an owner's interest in property includes any of the following:
(1) A record communicated by the owner to the holder or agent of the holder concerning the property or the account in which the property is held.
(2) An oral communication by the owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the owner's communication.
(3) Presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution.
(4) Activity directed by an owner in the account in which the property is held, including accessing the account or information concerning the account, or a direction by the owner to increase, decrease, or otherwise change the amount or type of property held in the account.
(5) Subject to subsection (d) of this section, payment of a premium on an insurance policy.
(c) A communication with an owner by a person other than the holder or the holder's representative is not an indication of the owner's interest in the property unless a record of the communication evidences the owner's knowledge of a right to the property.
(d) Application of an automatic-premium-loan provision or other nonforfeiture provision contained in an insurance policy is not an indication of the insured's interest in the policy and does not prevent the policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds before depletion of the cash surrender value of the policy by application of the provision.
(e) If the property is either held within accounts established for automatic electronic deposit of dividends (“ACH Accounts”) or within accounts established as part of a dividend reinvestment plan, including mutual fund accounts and brokerage accounts (collectively, “DRP Accounts”), the mailing of an IRS Form 1099 relating to the investment or account by the holder or its agent to the owner that is not returned to the holder or its agent by the United States Postal Service is an indication of the owner's interest in the property.
(f) For purposes of a security where the last-known address of the owner is in a foreign country, an executed Form W-8 BEN from the owner dated within 3 years of the end of any calendar year on file with the holder or its agent is an indication of the owner's interest in the property.
(g) If an owner has more than 1 investment or account with a holder, an indication of owner interest with respect to 1 investment or account with that holder is an indication of the owner's interest in all accounts of the owner with respect to that holder.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1137. Knowledge of death.

§ 1137. Knowledge of death.
Knowledge of death regarding an owner's interest in property may be identified through any source, including a declaration of death, death certificate, a comparison of the holder's records against the Social Security death master file, or other equivalent resources.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1138. Retained asset account for insurance policy or annuity contract.

§ 1138. Retained asset account for insurance policy or annuity contract.
If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract and the proceeds are retained by the insurance company or its agent under a supplementary contract not involving annuity benefits other than death benefits, the policy or contract includes the assets in the account.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1139. Address of owner to establish priority.

§ 1139. Address of owner to establish priority.
(a) The last-known address of an owner is a description, code, or other indication of the location of the owner on the holder's books and records which identifies the state of the last-known address of the owner.
(b) The address of the owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under § 1140 of this title.
12 Del. C. 1953, §  1162;  50 Del. Laws, c. 507, §  1;  58 Del. Laws, c. 451, §  1;  81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1140. Address of owner in this State.

§ 1140. Address of owner in this State.
The State Escheator may take custody of property that is presumed abandoned, whether located in this State or another state, or in a foreign country if the last-known address of the owner, as shown on the records of the holder, is in this State.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1141. Holder domiciled in this State.

§ 1141. Holder domiciled in this State.
(a) Except as otherwise provided in subsection (b) of this section or § 1140 of this title, the State Escheator may take custody of property presumed abandoned, whether located in this State, another state, or a foreign country, if the holder is domiciled in this State or is the State or a governmental subdivision, agency, or instrumentality of this State, and any of the following circumstances are met:
(1) Another state is not entitled to the property because there is no last-known address in the records of the holder of the owner or other person entitled to the property.
(2) The state of the last-known address of the owner or other person entitled to the property does not provide for custodial taking of the property.
(3) The last-known address of the owner is in a foreign country.
(b) Property is not subject to custody of the State Escheator under subsection (a) of this section if the property is specifically exempt from custodial taking under the law of this State or the state of the last-known address of the owner.
(c) If the holder's state of domicile has changed since the time the property was presumed abandoned, the holder's state of domicile in this section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1142. Report required by holder.

§ 1142. Report required by holder.
(a) A holder of property presumed abandoned and subject to the custody of the State Escheator shall file an annual report to the State Escheator concerning the property. Beginning March 1, 2018, all reports under this section must be in a web-based record, and the State Escheator may not accept any other medium or method for submitting the report.
(b) A holder may contract with a third party to make the report required under subsection (a) of this section.
(c) If a holder contracts with a third party under subsection (b) of this section, the holder is responsible to the State Escheator for all of the following:
(1) The complete, accurate, and timely reporting of property presumed abandoned.
(2) Paying or delivering to the State Escheator property described in the report filed under this section.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1143. Content of report.

§ 1143. Content of report.
(a) The report required under § 1142 of this title must do all of the following:
(1) Be signed by or on behalf of the holder and verified as to its completeness and accuracy.
(2) Describe the property.
(3) Except for a traveler's check or money order, contain the following information about the owner of the property:
the name, if known; the last-known address, if known; and the Social Security number or taxpayer identification number, if known or readily ascertainable.
(4) For an amount held or owing under a life or endowment insurance policy or annuity contract, contain the full name and last-known address of the insured, annuitant, or other owner of the policy or contract and of the beneficiary.
(5) Contain the commencement date for determining abandonment under § 1133 of this title.
(6) State that the holder has complied with the notice requirements of § 1148 of this title.
(7) Identify property that is a nonfreely transferable security, and explain why it is a nonfreely transferable security.
(8) Identify a designated individual employed by the holder who will serve as the contact for all correspondence with the State related to the reporting and remittance of unclaimed property under this chapter and contain the designated individual's mailing address, telephone number, email address, and title. The holder must notify the State of any change of the designated individual or any information provided about the designated individual.
(9) Contain other information which the State Escheator may prescribe.
(b) A report under § 1142 of this title may include personal information about the owner or the owner's property to the extent such information is not otherwise prohibited by federal law. Any personal information, and disclosure of such information, must be treated in accordance with § 1189 of this title.
(c) If a holder has changed the holder's name while holding property presumed abandoned or is a successor to another holder that previously held the property for the owner, the holder shall include in the report under § 1142 of this title the holder's former name or the name of the previous holder, if any, and the known name and address of each previous holder of the property.
(d) No reporting shall be required solely by virtue of holding property constituting consideration paid for unredeemed gift cards which, in the aggregate, for the reporting period have a face value of less than $5,000, or for gift cards having an original issue amount of $5.00 or under issued by a holder whose business is described in § 2906 of Title 30, whether or not such firm conducts business in this State.
81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1144. When report to be filed.

§ 1144. When report to be filed.
(a) Subject to subsection (d) of this section, the report under § 1142 of this title pertaining to property designated under § 1133 of this title must be filed by all holders and business associations other than banking organizations and insurance companies on or before March 1 of each year to cover the 12 months preceding January 1 of that year.
(b) Subject to subsection (d) of this section, the report under § 1142 of this section pertaining to property designated under § 1133 of this title must be filed by banking organizations on or before November 10 of each year to cover the 12 months preceding July 1 of that year.
(c) Subject to subsection (d) of this section, the report under § 1142 of this title pertaining to property designated under § 1133 of this title must be filed by insurance companies on or before December 20 of each year to cover the 12 months preceding January 1 of that year.
(d) Before the date for filing the report under § 1142 of this title, the holder of property presumed abandoned may request an extension of the date of filing from the State Escheator. The State Escheator may grant an extension for good cause. If the State Escheator grants an extension, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1145. Retention of records by holder [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1145. Retention of records by holder [For application of this section, see 83 Del. Laws, c. 346, § 12].
(a) A holder required to file a report under § 1142 of this title shall retain records for 10 years after the date the report was filed, unless a shorter period is provided by the State Escheator by rule or regulation.
(b) A holder who has received a notice of an examination under this chapter or has submitted a written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title shall retain, until the conclusion of the examination, voluntary disclosure agreement review process, or any related appeal or litigation, records to the present day for 10 years plus the applicable dormancy period under § 1133 of this title before the earliest of the following:
(1) The State Escheator's delivery of a notice of an examination to a holder under this chapter.
(2) The Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title.
(3) The holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title.
(c) A holder may satisfy the requirement to retain records under this section through an agent.
(d) The records retained must contain all of the following:
(1) The verifiable information required to be included in the report.
(2) The date, place, and nature of the circumstances that gave rise to the property right.
(3) The amount or value of the property.
(4) The last address of the owner, if known to the holder.
(5) If the holder sells, issues, or provides to others for sale or issue in this State traveler's checks or money orders, a record of the instruments while they remain outstanding indicating the state and date of issue.
(6) Sufficient records of items that were not reported as unclaimed, to allow review to determine whether the holder has complied with this chapter.
81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 346, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1146. When property reportable and payable or deliverable.

§ 1146. When property reportable and payable or deliverable.
Property is reportable and payable or deliverable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1147. Limitation on assignment or transfer of liability.

§ 1147. Limitation on assignment or transfer of liability.
(a) A holder may not assign or otherwise transfer its obligation to hold for or pay or deliver property or to comply with the duties of this chapter, other than to a parent, subsidiary, or affiliate of the holder.
(b) Unless otherwise agreed to by the parties to a transaction, the holder's successor by merger or consolidation, or any person or entity that acquires all or substantially all of the holder's capital stock or assets, shall be responsible for fulfilling the holder's obligation to hold for or pay or deliver property or to comply with the duties of this chapter regarding the transfer to it of property owed to and being held for an owner resulting from the merger, consolidation, or acquisition.
(c) Nothing in this section prohibits a holder from contracting with a third party for the reporting of unclaimed property. But, a holder shall remain responsible to the State Escheator for the complete, accurate, and timely reporting of the property.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].
The holder of property presumed abandoned shall send to the owner notice that complies with § 1149 of this title in a format acceptable to the State Escheator, by first-class United States mail, not more than 120 days nor less than 60 days before filing the report under § 1142 of this title, or at any time as directed under § 1171(5) of this title, if both of the following apply:
(1) The holder has in its records an address for the owner sufficient to direct the delivery of first-class United States mail to the owner, which the holder's records do not disclose to be invalid.
(2) The value of the property is $50 or more, unless the property is a security, in which case the holder must send notice to the owner regardless of the value of the property.
81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 1;  83 Del. Laws, c. 59, § 4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1149. Contents of notice by holder.

§ 1149. Contents of notice by holder.
(a) The notice under § 1148 of this title must contain a heading that reads as follows:
“Notice. The State of Delaware requires us to notify you that your property will be transferred to the custody of the State Escheator if you do not contact us before [insert date that is 30 days after the date of this notice.]”
(b) The notice under § 1148 of this title must do all of the following:
(1) State that the property will be turned over to the State Escheator.
(2) State that after the property is turned over to the State Escheator an owner that seeks return of the property may file a claim.
(3) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice.
(4) State that property that is not legal tender of the United States may be sold by the State Escheator.
(5) Provide instructions that the owner must follow to prevent the holder from reporting and paying or delivering the property to the State Escheator.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1151. Cooperation among agencies to determine owner.

§ 1151. Cooperation among agencies to determine owner.
Unless prohibited by law of this State other than this chapter, on request of the State Escheator, each officer, agency, board, commission, division, and department of this State; any body politic and corporate created by this State for a public purpose; and each political subdivision of this State may make its books and records available to the State Escheator and cooperate with the State Escheator to determine the current address of an owner of property held by the State Escheator under this chapter.
81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1152. Payment or delivery of property to State Escheator.

§ 1152. Payment or delivery of property to State Escheator.
(a) Except as otherwise provided in this section, on filing a report under § 1142 of this title, the holder shall pay or deliver to the State Escheator the property described in the report.
(b) If property in a report under § 1142 of this title is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the State Escheator at the time of the report, the date for payment of the property to the State Escheator is extended until a penalty or forfeiture no longer would result from payment, if the holder informs the State Escheator of the extended date.
(c) If property reported to the State Escheator under § 1142 of this title is a security, the State Escheator may do either of the following:
(1) Make an endorsement, instruction, or entitlement order on behalf of the owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security.
(2) Dispose of the security under § 1159 of this title.
(d) The State Escheator shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the State Escheator by a holder.
(e) A holder is not required to deliver to the State Escheator a security identified by the holder as a nonfreely transferable security. Upon determination by the State Escheator or the holder that a security is no longer a nonfreely transferable security, the holder shall remit the security on the next regular date prescribed for delivery of securities under this chapter. The holder shall annually determine whether a security identified in a report filed under § 1142 of this title as a nonfreely transferable security is no longer a nonfreely transferable security.
(f) If property reported to the State Escheator under § 1142 of this title is virtual currency, the holder shall liquidate the virtual currency within 90 days prior to the filing of the report and remit the proceeds to the administrator. The owner shall not have recourse against the holder or the State Escheator to recover any gain in value that occurs after the liquidation of the virtual currency under this subsection.
81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 58, § 3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1154. Interest not to run after report of property and limitation on claims.

§ 1154. Interest not to run after report of property and limitation on claims.
(a) Notwithstanding any other provision of law, no person entitled to or owner of property shall be entitled to receive interest on account of such property from and after the date a report of such property is made to the State Escheator under this chapter whether or not the person was entitled to interest on such property prior to such date.
(b) No person has any claim under this chapter against the State, the holder, any transfer agent, registrar, or other person acting for or on behalf of a holder for or on account of any appreciation or depreciation in the value of the property occurring after delivery by the holder to the State Escheator in good faith, as defined in § 1153(d) of this title, except with respect to the State Escheator as provided by and in the circumstances specified in § 1160(a)(2) of this title.
12 Del. C. 1953, §  1145;  50 Del. Laws, c. 507, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1155. State Escheator's options as to custody.

§ 1155. State Escheator's options as to custody.
(a) The State Escheator may decline to take custody of property reported under § 1142 of this title if the State Escheator determines 1 of the following:
(1) The property has a value less than the estimated expenses of notice and sale of the property.
(2) Taking custody of the property would be unlawful.
(b) A holder may pay or deliver property to the State Escheator before the property is presumed abandoned under this chapter if the holder does all of the following:
(1) Sends the owner of the property the notice required by § 1148 of this title and conforming to § 1149 of this title.
(2) Provides to the State Escheator evidence of the holder's compliance with paragraph (b)(1) of this section.
(3) Includes with the payment or delivery a report regarding the property conforming to § 1142 of this title.
(4) First obtains the State Escheator's consent in a record to accept payment or delivery.
(c) A holder's request for the State Escheator's consent under paragraph (b)(4) of this section must be in a record. If the State Escheator fails to respond to the request not later than 90 days after receipt of the request, the State Escheator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith, as defined in § 1153(d) of this title.
(d) On payment or delivery of property under subsection (b) of this section, the property is presumed abandoned.
81 Del. Laws, c. 1, § 2;  81 Del. Laws, c. 48, § 3;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § § 1156. Periods of limitation.

§ § 1156. Periods of limitation.
(a) Expiration, before, on, or after February 2, 2017, of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of a holder to file a report or pay or deliver property to the State Escheator under this chapter.
(b) The State Escheator may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than 10 years after the duty arose. The period of limitation established by this subsection is tolled by the earlier of the State Escheator's delivery of a notice of an examination to a holder under this chapter, the Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title, or the holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title, or if the State Escheator reasonably concludes that the holder has filed a report containing a fraudulent or wilful misrepresentation.
73 Del. Laws, c. 417, §  1;  81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 59, § 7;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1157. No private escheat.

§ 1157. No private escheat.
Any provision in a certificate of incorporation, bylaw, trust agreement, contract, or any other writing regulating the relationships between an owner and a holder, which relates to property that is or may be subject to the provisions of this chapter, with the exception of “nonescheat capital credits” as defined in § 909 of Title 26, and which provides that upon the owner's failure to act or make a claim regarding property in possession of the holder that the property reverts to or becomes the property of the holder is void and unenforceable.
68 Del. Laws, c. 122, §  13;  71 Del. Laws, c. 448, §  2;  81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1158. Public sale of property.

§ 1158. Public sale of property.
(a) All property, other than money, delivered to the State Escheator under this chapter shall be sold or disposed of in accordance with this section.
(b) All property, other than money, delivered to the State Escheator under this chapter may be sold or disposed of at public auction to the highest bidder or in such manner and at such times as the State Escheator determines to be in the best interest of the State. The State Escheator may dispose of securities by sale through a registered broker on a recognized securities exchange or over the counter market or, if there is no ready market for such security, by negotiation or public auction.
(c) The State Escheator shall hold the proceeds from a sale of property, other than money, delivered to the State Escheator, less all costs incurred in connection with the sale, in the place of the property and any claimant of the property is entitled only to the money so received, less lawful service charges.
(d) The State Escheator is not liable in any action for any act made in good faith under this section.
12 Del. C. 1953, §  1143;  50 Del. Laws, c. 507, §  1;  59 Del. Laws, c. 16, §  1;  67 Del. Laws, c. 245, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 1, § 2;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].
If a security is delivered to the State Escheator under this chapter on or after July 1, 2017, the State Escheator shall, subject to § 1150 of this title, sell the security on any established stock exchange or by such other means as the State Escheator deems advisable as soon as the State Escheator deems practicable after the delivery. The State Escheator may not sell a security listed on an established stock exchange for less than the price prevailing on the exchange at the time of sale. The State Escheator may sell a security not listed on an established exchange by any commercially-reasonable method.
81 Del. Laws, c. 1, § 2;  83 Del. Laws, c. 346, § 4;
2023 Delaware Code › Title 12 - Decedents' Estates and Fiduciary Relations › Chapter 11. ESCHEATS › Subchapter II. Unclaimed Property › § 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].
(a) Beginning on July 1, 2017, a person that makes a valid claim under this chapter of ownership of a security following delivery of a security to the State Escheator is entitled to receive from the State Escheator 1 of the following:
(1) If the security is in the custody of the State Escheator at the time of the claim, the security the holder delivered to the State Escheator, plus dividends, interest, and other increments on the security up to the time the claim is paid, to the extent paid to the State Escheator.
(2) If the claim is made within 558 days from the date notice was mailed by the State Escheator to the rightful owner under § 1150 of this title or the date notice was otherwise provided as required by the law in effect at the time the property was delivered to the State Escheator, the replacement of the security or the market value of the security at the time the claim is filed, at the option of the State Escheator, plus any dividends, interest, and other increments on the security paid to the State Escheator.
(3) If the claim is made more than 558 days after the date notice was mailed by the State Escheator to the rightful owner under § 1150 of this title, or the date notice was otherwise provided as required by the law in effect at the time the property was delivered to the State Escheator, the net proceeds of the sale of the security, plus dividends, interest, and other increments on the security up to the time the security is sold, to the extent paid to the State Escheator.
(b) The State Escheator is not liable in any action for any act by the State Escheator made in good faith under this section.
(c) For the purpose of this section, the following apply:
(1) The date the claim is made is the date of the claimant's first documented contact with the State Escheator regarding the property or claim, including a request for a property search, if the claim is made within 60 days of the contact.
(2) The date notice was mailed by the State Escheator to the rightful owner under § 1150 of this title, or the date notice was otherwise provided as required by the law in effect at the time the property was delivered to the State Escheator, is deemed to be 30 days after the property was delivered to the State Escheator if the date cannot otherwise be reasonably determined or if no notice was required.
81 Del. Laws, c. 1, § 2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 59, § 8;  83 Del. Laws, c. 59, § 9;  83 Del. Laws, c. 346, § 5;