reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-502 - PROPERTY PRESUMED ABANDONED — GENERAL RULE.

14-502. PROPERTY PRESUMED ABANDONED — GENERAL RULE. (1) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder’s business and has remained unclaimed by the owner for more than five (5) years after it became payable or distributable is presumed abandoned.
(2) Notwithstanding subsection (1) of this section, the following items shall not constitute abandoned property for the purposes of this act:
(a) Amounts withheld by a business association as a penalty or forfeiture or as damages in the event a person who has reserved the services of the business association fails to make use of and pay for the service;
(b) Gift certificates with an expiration date prominently displayed on their face;
(c) Nonrefundable airline tickets;
(d) Any certificate, pass, voucher or other evidence of a right or privilege which is nonrefundable or which is nonredeemable due to the passage of time;
(e) Any intangible property as defined in section 14-501, Idaho Code, with a value of fifty dollars ($50.00) or less.
(3) Property is payable or distributable for the purpose of this chapter notwithstanding the owner’s failure to make demand or to present any instrument or document required to receive payment.
History:
[14-502, added 1983, ch. 209, sec. 2, p. 565; am. 1992, ch. 21, sec. 1, p. 67; am. 1997, ch. 399, sec. 3, p. 1264.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-503 - GENERAL RULES FOR TAKING CUSTODY OF INTANGIBLE UNCLAIMED PROPERTY.

14-503. GENERAL RULES FOR TAKING CUSTODY OF INTANGIBLE UNCLAIMED PROPERTY. Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the conditions raising a presumption of abandonment under sections 14-502 and 14-505 through 14-516, Idaho Code, are satisfied and:
(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;
(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(a) The last known address of the person entitled to the property is in this state, or
(b) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4) The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;
(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or
(6) The transaction out of which the property arose occurred in this state; and
(a) 1. The last known address of the apparent owner or other person entitled to the property is unknown, or
2. The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
(b) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
History:
[14-503, added 1983, ch. 209, sec. 2, p. 565.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-504 - TRAVELERS CHECKS AND MONEY ORDERS.

14-504. TRAVELERS CHECKS AND MONEY ORDERS. (1) Subject to subsection (4) of this section, any sum payable on a travelers check that has been outstanding for more than fifteen (15) years after its issuance is presumed abandoned unless the owner, within fifteen (15) years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(2) Subject to subsection (4) of this section, any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven (7) years after its issuance is presumed abandoned unless the owner, within seven (7) years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(3) A holder may not deduct from the amount of a travelers check or money order any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose a charge and the issuer regularly imposes such charges and does not regularly reverse or otherwise cancel them.
(4) No sum payable on a travelers check, money order, or similar written instrument, other than a third-party bank check, described in subsections (1) and (2) of this section may be subjected to the custody of this state as unclaimed property unless:
(a) The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this state;
(b) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the travelers check, money order, or similar written instrument was purchased; or
(c) The issuer has its principal place of business in this state, the records of the issuer show the state in which the travelers check, money order, or similar written instrument was purchased and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
History:
[14-504, added 1983, ch. 209, sec. 2, p. 566; am. 1997, ch. 399, sec. 4, p. 1265.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-505 - CHECKS, DRAFTS AND SIMILAR INSTRUMENTS ISSUED OR CERTIFIED BY BANKING AND FINANCIAL ORGANIZATIONS.

14-505. CHECKS, DRAFTS AND SIMILAR INSTRUMENTS ISSUED OR CERTIFIED BY BANKING AND FINANCIAL ORGANIZATIONS. (1) Any sum payable on a check, draft, or similar instrument, except those subject to section 14-504, Idaho Code, on which a banking or financial organization is directly liable, including a cashier’s check and a certified check, which has been outstanding for more than five (5) years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within five (5) years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee thereof.
(2) A holder may not deduct from the amount of any instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge, and the holder regularly imposes such charges and does not regularly reverse or otherwise cancel them.
History:
[14-505, added 1983, ch. 209, sec. 2, p. 567; am. 2002, ch. 152, sec. 1, p. 444.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-508 - DEPOSITS HELD BY UTILITIES.

14-508. DEPOSITS HELD BY UTILITIES. (1) A deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful deductions, that remains unclaimed by the owner for more than one (1) year after termination of services for which the deposit or advance payment was made is presumed abandoned.
(2) The public utilities commission may certify that a utility is participating in a financial assistance program which assists the utility’s low income and disadvantaged customers with their utility bills. Upon certification to the administrator, the utility shall pay the funds which would have been presumed to be abandoned under subsection (1) of this section to the financial assistance program certified by the public utilities commission. The utility shall remain obligated to file its report of such abandoned property as required by section 14-517, Idaho Code.
History:
[14-508, added 1983, ch. 209, sec. 2, p. 570; am. 1997, ch. 399, sec. 5, p. 1266.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-509 - REFUND HELD BY BUSINESS ASSOCIATIONS.

14-509. REFUND HELD BY BUSINESS ASSOCIATIONS. Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than one (1) year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
History:
[14-509, added 1983, ch. 209, sec. 2, p. 570.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-510 - STOCK AND OTHER INTANGIBLE INTERESTS IN BUSINESS ASSOCIATIONS.

14-510. STOCK AND OTHER INTANGIBLE INTERESTS IN BUSINESS ASSOCIATIONS. (1) Except as provided in subsection (4) of this section, any stock, shareholding or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is considered abandoned if:
(a) The interest in the association is owned by a person who within five (5) years has failed to:
(i) Claim a dividend, distribution or other sum payable as a result of the interest; or
(ii) Communicate with the association regarding the interest or a dividend, distribution or other sum payable as the result of the interest, as evidenced by memorandum or other record on file with the association prepared by an employee of the association; and
(b) The association does not know the location of the owner at the end of the five (5) year period. The return of official shareholder notifications or communications by the postal service as undeliverable is evidence that the association does not know the location of the owner.
(2) This chapter applies to:
(a) The underlying stock, shareholdings or other intangible ownership interests of an owner;
(b) Any stock, shareholdings or other intangible ownership interests of an owner when the business association is in possession of the certificate or other evidence of ownership; and
(c) The stock, shareholdings or other intangible ownership interests of dividend- and nondividend-paying business associations, whether or not the interest is represented by a certificate.
(3) At the time an interest is considered abandoned under this section, any dividend, distribution or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is considered abandoned.
(4)(a) This chapter does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless:
(i) The records available to the administrator of the plan show that the owner has not within five (5) years communicated in any manner described in subsection (1) of this section; or
(ii) Five (5) years have elapsed since the location of the owner became unknown to the association, as evidenced by the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner has not within those five (5) years communicated in any manner described in this chapter.
(b) The five (5) year period from the return of official notifications or communications begins at the earlier of the return of the second of those notifications or communications or the time the holder discontinues mailings to the shareholder.
History:
[14-510, added 1983, ch. 209, sec. 2, p. 570; am. 1992, ch. 21, sec. 2, p. 68; am. 2011, ch. 137, sec. 1, p. 395; am. 2023, ch. 218, sec. 2, p. 606.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-511 - PROPERTY OF BUSINESS ASSOCIATIONS HELD IN COURSE OF DISSOLUTION.

14-511. PROPERTY OF BUSINESS ASSOCIATIONS HELD IN COURSE OF DISSOLUTION. Intangible property distributable in the course of a dissolution of a business association which remains unclaimed by the owner will be remitted as unclaimed property on the date of final distribution.
History:
[14-511, added 1983, ch. 209, sec. 2, p. 571; am. 1989, ch. 99, sec. 1, p. 228.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-512 - PROPERTY HELD BY AGENTS AND FIDUCIARIES.

14-512. PROPERTY HELD BY AGENTS AND FIDUCIARIES. (1) Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within five (5) years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, or communicated concerning the property.
(2) Amounts due and payable from property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, is presumed abandoned three (3) years after the earlier of the date of the required distribution as stated in the documents governing the account or plan, or the date, if determinable by the holder, specified in the income tax law of the United States by which distribution of the property must begin in order to avoid a tax penalty, but excluding property in any such account or plan if the documents governing the account or plan provide a method for the treatment of the account balance of an account holder or plan participant or beneficiary who cannot be located.
(3) For the purposes of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise.
(4) For the purposes of this chapter, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
History:
[14-512, added 1983, ch. 209, sec. 2, p. 571; am. 1997, ch. 399, sec. 6, p. 1266; am. 2002, ch. 152, sec. 3, p. 445.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-513 - PROPERTY HELD BY COURTS AND PUBLIC AGENCIES.

14-513. PROPERTY HELD BY COURTS AND PUBLIC AGENCIES. (1) Intangible property held for the owner by a court, state or other government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than one (1) year after becoming payable or distributable is presumed abandoned.
(2) If witness and juror fees or mileage payments are not claimed by the owner within one (1) year of the date of issuance of a check or warrant, the fees or mileage payments shall remain the property of the county and shall be remitted to the district court fund.
History:
[14-513, added 1983, ch. 209, sec. 2, p. 572; am. 1992, ch. 38, sec. 1, p. 136.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-514 - GIFT CERTIFICATES AND CREDIT MEMOS.

14-514. GIFT CERTIFICATES AND CREDIT MEMOS. (1) A gift certificate without an expiration date prominently displayed on its face or a credit memo issued in the ordinary course of an issuer’s business which remains unclaimed by the owner for more than five (5) years after becoming payable or distributable is presumed abandoned.
(2) In the case of a gift certificate without an expiration date prominently displayed on its face, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
History:
[14-514, added 1983, ch. 209, sec. 2, p. 572; am. 1997, ch. 399, sec. 7, p. 1267.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-515 - WAGES.

14-515. WAGES. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder’s business which remain unclaimed by the owner for more than one (1) year after becoming payable are presumed abandoned.
History:
[14-515, added 1983, ch. 209, sec. 2, p. 572.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-516 - CONTENTS OF SAFE DEPOSIT BOX OR OTHER SAFEKEEPING REPOSITORY.

14-516. CONTENTS OF SAFE DEPOSIT BOX OR OTHER SAFEKEEPING REPOSITORY. All tangible and intangible property held in a safe deposit box or any other safekeeping repository in this state in the ordinary course of the holder’s business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than five (5) years after the lease or rental period on the box or other repository has expired, are presumed abandoned.
History:
[14-516, added 1983, ch. 209, sec. 2, p. 572; am. 2002, ch. 152, sec. 4, p. 446.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-518 - NOTICE AND PUBLICATION OF LISTS OF ABANDONED PROPERTY.

14-518. NOTICE AND PUBLICATION OF LISTS OF ABANDONED PROPERTY. (1) The administrator shall establish, maintain and update at least quarterly a current list of all reported owners of abandoned property on a website that is connected to or that may be accessed from the website maintained by the state treasurer. At least one (1) week before each quarterly website posting of such list, the administrator shall publish a notice in the official newspaper of each Idaho county stating when and where the quarterly website listing of Idaho abandoned property will be accessible to citizens. Provided however, the names and addresses of owners located in a state which will receive the accounts because of reciprocal agreements as permitted by section 14-535, Idaho Code, need not be listed.
(2) The list maintained by the administrator must contain:
(a) The names, in alphabetical order, of persons listed in any report of abandoned property filed with the administrator and entitled to notice;
(b) A statement that information concerning the property may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and
(c) A statement that the property is in the custody of the administrator and all claims must be directed to the administrator.
(3) The administrator is not required to list any items of less than one hundred dollars ($100) unless the administrator considers the inclusion of such property in the list to be in the public interest.
(4) This section is not applicable to sums payable on traveler’s checks, money orders, and other written instruments presumed abandoned under section 14-504, Idaho Code.
(5) The administrator may undertake other public outreach efforts to:
(a) Inform owners of abandoned property of the location and process for retrieving such property, including participation in public events, placement of media advertisements, and publication and distribution of brochures or flyers; and
(b) Educate holders of property on the requirements of this chapter.
History:
[14-518, added 1983, ch. 209, sec. 2, p. 573; am. 1987, ch. 10, sec. 1, p. 14; am. 1988, ch. 282, sec. 1, p. 915; am. 1991, ch. 62, sec. 2, p. 155; am. 1997, ch. 399, sec. 9, p. 1269; am. 2002, ch. 34, sec. 1, p. 65; am. 2004, ch. 29, sec. 2, p. 51; am. 2005, ch. 36, sec. 1, p. 156; am. 2010, ch. 202, sec. 2, p. 437; am. 2014, ch. 167, sec. 1, p. 470.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-519 - PAYMENT OR DELIVERY OF ABANDONED PROPERTY.

14-519. PAYMENT OR DELIVERY OF ABANDONED PROPERTY. (1) Except as otherwise provided in this section, and subsection (2) of section 14-508, Idaho Code, a person who is required to file a report under section 14-517, Idaho Code, shall pay or deliver to the administrator all abandoned property together with the report required under section 14-517, Idaho Code.
(2) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned.
(3) The holder of an interest under section 14-510, Idaho Code, shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the administrator. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provisions of section 14-520, Idaho Code, to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the administrator, for any losses or damages resulting to any person by the issuance and delivery to the administrator of the duplicate certificate.
History:
[14-519, added 1983, ch. 209, sec. 2, p. 574; am. 1992, ch. 21, sec. 3, p. 68; am. 1997, ch. 399, sec. 10, p. 1269.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-521 - CREDITING OF DIVIDENDS, INTEREST, OR INCREMENTS TO OWNER’S ACCOUNT.

14-521. CREDITING OF DIVIDENDS, INTEREST, OR INCREMENTS TO OWNER’S ACCOUNT. Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.
History:
[14-521, added 1983, ch. 209, sec. 2, p. 576.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-522 - PUBLIC SALE OF ABANDONED PROPERTY.

14-522. PUBLIC SALE OF ABANDONED PROPERTY. (1) The administrator may, within three (3) years after the receipt of abandoned property, sell it to the highest bidder at public sale in whatever city affords, in the judgment of the administrator, the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator, the bid is insufficient. If in the judgment of the administrator, the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this section must be preceded by a single publication of notice, at least three (3) weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.
(2) Securities listed on an established stock exchange must be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.
(3) A person making a claim under this chapter is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from the sale, less any amounts deducted pursuant to section 14-523(4), Idaho Code, but 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 any appreciation in the value of the property occurring after delivery by the holder to the administrator.
(4) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership.
History:
[14-522, added 1983, ch. 209, sec. 2, p. 576; am. 2007, ch. 97, sec. 2, p. 280; am. 2010, ch. 15, sec. 3, p. 19; am. 2012, ch. 215, sec. 2, p. 585.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-525 - CLAIM OF ANOTHER STATE TO RECOVER PROPERTY — PROCEDURE.

14-525. CLAIM OF ANOTHER STATE TO RECOVER PROPERTY — PROCEDURE. (1) At any time after property has been paid or delivered to the administrator under this chapter, another state may recover the property if:
(a) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and, under the laws of that state, the property escheated to or was subject to a claim of abandonment by that state;
(b) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;
(c) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;
(d) The property was subjected to custody by this state under section 14-503(3)(b), Idaho Code, and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or
(e) The property is the sum payable on a travelers check, money order, or other similar instrument that was subjected to custody by this state under section 14-504, Idaho Code, and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.
(2) The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety (90) days after it is presented. The administrator shall allow the claim if he determines that the other state is entitled to the abandoned property under subsection (1) of this section.
(3) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property.
History:
[14-525, added 1983, ch. 209, sec. 2, p. 578; am. 2011, ch. 275, sec. 2, p. 748.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-526 - ACTION TO ESTABLISH CLAIM.

14-526. ACTION TO ESTABLISH CLAIM. A person aggrieved by a denial of a claim by the administrator or whose claim has not been acted upon within the time provided in subsection (2) of section 14-524, Idaho Code, may obtain a redetermination as provided in section 63-3045, Idaho Code, by filing a written protest with the administrator within sixty-three (63) days after the denial was mailed or after the time period for issuing the denial has lapsed. Judicial review of any redetermination shall be as provided in section 63-3049, Idaho Code.
History:
[14-526, added 1983, ch. 209, sec. 2, p. 579; am. 2003, ch. 11, sec. 2, p. 29.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-527 - ELECTION TO TAKE PAYMENT OR DELIVERY.

14-527. ELECTION TO TAKE PAYMENT OR DELIVERY. (1) The administrator may decline to receive any property reported under the provisions of this chapter which it considers to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified within one hundred twenty (120) days after filing the report required under section 14-517, Idaho Code.
(2) A holder, with the written consent of the administrator and upon conditions and terms prescribed by him, may report and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this chapter.
History:
[14-527, added 1983, ch. 209, sec. 2, p. 579.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-528 - DESTRUCTION OR DISPOSITION OF PROPERTY HAVING INSUBSTANTIAL COMMERCIAL VALUE — IMMUNITY FROM LIABILITY.

14-528. DESTRUCTION OR DISPOSITION OF PROPERTY HAVING INSUBSTANTIAL COMMERCIAL VALUE — IMMUNITY FROM LIABILITY. If the administrator determines after investigation that any delivered property has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section.
History:
[14-528, added 1983, ch. 209, sec. 2, p. 579.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-529 - PERIODS OF LIMITATION.

14-529. PERIODS OF LIMITATION. (1) The expiration, before or after the effective date of this act, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required in this chapter except as provided in subsection (2) of this section.
(2) Where a holder has filed a report as required by section 14-517, Idaho Code, the administrator may commence any action or proceeding with respect to any duty of a holder to report and deliver unclaimed property under this act within three (3) years after the time for the filing of a report concerning the property as required by section 14-517, Idaho Code.
(3) Where a holder violates section 14-517, Idaho Code, by failing to file a report, the administrator may commence any action or proceeding with respect to any duty of a holder to report and deliver unclaimed property under this act within seven (7) years after the time for the filing of a report concerning the property as required by section 14-517, Idaho Code.
History:
[14-529, added 1983, ch. 209, sec. 2, p. 579; am. 1992, ch. 21, sec. 4, p. 69; am. 1997, ch. 399, sec. 13, p. 1272.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-530 - REQUESTS FOR REPORTS AND EXAMINATION OF RECORDS.

14-530. REQUESTS FOR REPORTS AND EXAMINATION OF RECORDS. (1) The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter.
(2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under the provisions of this chapter.
(3) If a person is treated under section 14-512, Idaho Code, as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to subsection (2) of this section, may examine the records of the person if the administrator has given the notice required by subsection (2) of this section to both the person and the business association at least ninety (90) days before the examination.
(4) If a holder fails to maintain the records required by section 14-531, Idaho Code, and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay such amounts as may reasonably be estimated from any available records.
History:
[14-530, added 1983, ch. 209, sec. 2, p. 580; am. 1997, ch. 399, sec. 14, p. 1272; am. 2022, ch. 111, sec. 8, p. 371.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-531 - RETENTION OF RECORDS.

14-531. RETENTION OF RECORDS. (1) Every holder of unclaimed property under this chapter, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for seven (7) years after the year in which the property becomes unclaimed, except to the extent that a shorter time is provided in subsection (2) of this section or by rule of the administrator.
(2) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three (3) years after the year in which the property becomes unclaimed.
History:
[14-531, added 1983, ch. 209, sec. 2, p. 580; am. 1997, ch. 399, sec. 15, p. 1273; am. 2022, ch. 111, sec. 9, p. 372.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-532 - ENFORCEMENT — ACTIONS TO ENFORCE UNCLAIMED PROPERTY LAW — ADMINISTRATIVE RULES.

14-532. ENFORCEMENT — ACTIONS TO ENFORCE UNCLAIMED PROPERTY LAW — ADMINISTRATIVE RULES. (1) The collection and enforcement procedures provided by the Idaho income tax act, sections 63-3038, 63-3039, and 63-3042 through 63-3065A, Idaho Code, but excluding section 63-3045(7), Idaho Code, shall apply and be available to the state treasurer for enforcement of the provisions of this chapter and collection of any property required to be transferred shall be treated in the same manner as taxes due the state of Idaho, and wherever liens or any other proceedings are defined as income tax liens or proceedings, they shall, when applied in enforcement of this chapter, be described as unclaimed property liens and proceedings.
(2) The powers and duties held by the state tax commission on June 30, 2010, pursuant to the provisions of subsection (1) of this section, shall for the purposes of this chapter and for the administration of the unclaimed property be deemed to be powers and duties of the state treasurer on and after July 1, 2010.
(3) The administrative rules of the state tax commission in effect on June 30, 2010, for administering the provisions of this chapter shall remain in force and effect as if promulgated by the state treasurer until new rules are promulgated by the state treasurer and become effective pursuant to the provisions of section 67-5224, Idaho Code, at which time rules promulgated by the state tax commission shall be deemed repealed. The state treasurer shall have the power to promulgate administrative rules to implement the provisions of this chapter in compliance with chapter 52, title 67, Idaho Code.
History:
[14-532, added 1983, ch. 209, sec. 2, p. 580; am. 2008, ch. 11, sec. 1, p. 16; am. 2010, ch. 202, sec. 4, p. 439; am. 2017, ch. 19, sec. 3, p. 35.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-533 - INTEREST AND PENALTIES.

14-533. INTEREST AND PENALTIES. (1) Upon the administrator’s showing by a preponderance of evidence that a holder has failed to pay or deliver property within the time prescribed in this chapter, the holder shall pay to the administrator interest at the annual rate of twelve percent (12%) on the property or value thereof from the date the property should have been paid or delivered until actual delivery is made.
(2) Upon the administrator’s showing by a preponderance of evidence that a holder has negligently failed to pay or deliver property within the time prescribed in this chapter, the holder shall pay to the administrator a penalty at the annual rate of five percent (5%) on the property or value thereof from the date the property should have been paid or delivered until actual delivery is made unless the holder demonstrates to the satisfaction of the administrator that the failure was due to reasonable cause and not neglect.
(3) A holder who willfully refuses after written demand by the administrator to pay or deliver property as required under this chapter shall be guilty of a misdemeanor and upon conviction may be punished by a fine of not less than three hundred dollars ($300) nor more than three thousand dollars ($3,000).
(4) Upon a showing that a holder of property presumed to be abandoned or unclaimed has acted in good faith and without negligence to comply with the accurate reporting requirements of section 14-517, Idaho Code, the administrator may waive, in whole or in part, interest pursuant to subsection (1) of this section and penalties pursuant to subsection (2) of this section.
History:
[14-533, added 1992, ch. 21, sec. 6, p. 70; am. 1997, ch. 399, sec. 16, p. 1273; am. 2010, ch. 15, sec. 4, p. 20.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-534 - STATE HISTORICAL SOCIETY USE OF PROPERTY.

14-534. STATE HISTORICAL SOCIETY USE OF PROPERTY. The director of the state historical society may examine any tangible personal property delivered to the state treasurer under this chapter for purposes of determining whether such property is of sufficient historical value that it should be preserved. If he so determines, the state treasurer may deliver such property to the state historical society for preservation and display, until such time as the owner shall make claim for return of such property.
History:
[14-534, added 1983, ch. 209, sec. 2, p. 581; am. 2010, ch. 202, sec. 5, p. 439.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-535 - INTERSTATE AGREEMENTS AND COOPERATION — JOINT AND RECIPROCAL ACTIONS WITH OTHER STATES.

14-535. INTERSTATE AGREEMENTS AND COOPERATION — JOINT AND RECIPROCAL ACTIONS WITH OTHER STATES. (1) The administrator may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The administrator by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form for reporting.
(2) To avoid conflicts between the administrator’s procedures and the procedures of administrators in other jurisdictions that enact the uniform unclaimed property act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending or repealing rules, shall advise and consult with administrators in other jurisdictions that enact substantially the uniform unclaimed property act and take into consideration the rules of administrators in other jurisdictions that enact the uniform unclaimed property act.
(3) The administrator may join with other states to seek enforcement of this act against any person who is or may be holding reportable property.
(4) At the request of another state, the attorney general of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in bringing the action.
(5) The administrator may request that the attorney general of another state or any other person bring an action in the name of the administrator in the other state. This state shall pay all expenses including attorney’s fees in any action under this subsection. The administrator may agree to pay the person bringing the action attorney’s fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this chapter.
History:
[14-535, added 1983, ch. 209, sec. 2, p. 581.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-536 - AGREEMENT TO LOCATE REPORTED PROPERTY.

14-536. AGREEMENT TO LOCATE REPORTED PROPERTY. All agreements to pay compensation to recover or assist in the recovery of property reported under section 14-517, Idaho Code, made within twenty-four (24) months after the date payment or delivery is made under section 14-519, Idaho Code, are unenforceable.
History:
[14-536, added 1983, ch. 209, sec. 2, p. 582.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-537 - FOREIGN TRANSACTIONS.

14-537. FOREIGN TRANSACTIONS. This chapter does not apply to any property held, due and owing in a foreign country and arising out of a foreign transaction.
History:
[14-537, added 1983, ch. 209, sec. 2, p. 582.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-540 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

14-540. UNIFORMITY OF APPLICATION AND CONSTRUCTION. This act shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
[14-540, added 1983, ch. 209, sec. 2, p. 582.]
2023 Idaho Code › Title 14 - ESTATES OF DECEDENTS › Chapter 5 - UNCLAIMED PROPERTY LAW › Section 14-543 - SUCCESSORS’ LIABILITY.

14-543. SUCCESSORS’ LIABILITY. (1) If any holder possessing unclaimed property under this act sells out its business or stock of goods, the purchaser of the business or stock of goods shall make inquiry of the administrator and withhold from the purchase price any amount of unclaimed property that may be due under this chapter until such time as the administrator provides written notification stating that no amount is due.
(2) If the purchaser of a business or stock of goods fails to withhold the amounts required by subsection (1) of this section from the purchase price, he becomes personally liable for the payment of the amount required to be withheld to the extent of the purchase price valued in money.
(3) The administrator shall, as soon as practicable after receiving written inquiry as to any amounts due, and no later than thirty (30) days after receipt of the inquiry or, if necessary, thirty (30) days from the date the holder’s records are made available for review under section 14-530, Idaho Code, but in any event no later than sixty (60) days after receiving the inquiry, issue a statement to the purchaser setting forth the amount due under this chapter by the holder, if any. The administrator’s failure to issue such statement will release the purchaser from any obligation to withhold from the purchase price the amounts as above required, or responsibility for the reporting or delivery of any unclaimed property due and owing by the holder under section 14-517, Idaho Code, and section 14-519, Idaho Code.
History:
[14-543, added 1997, ch. 399, sec. 18, p. 1274; am. 2004, ch. 29, sec. 4, p. 52.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-101 - SHORT TITLE.

15-1-101. SHORT TITLE. This act shall be known and may be cited as the uniform probate code.
History:
[I.C., sec. 15-1-101, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-102 - PURPOSES — RULE OF CONSTRUCTION.

15-1-102. PURPOSES — RULE OF CONSTRUCTION. (a) This code shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this code are:
(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;
(2) to discover and make effective the intent of a decedent in distribution of his property;
(3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;
(4) to facilitate use and enforcement of certain trusts;
(5) to make uniform the law among the various jurisdictions.
History:
[I.C., sec. 15-1-102, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 1, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-103 - SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.

15-1-103. SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE. Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
History:
[I.C., sec. 15-1-103, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 1 - GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS › Section 15-1-104 - SEVERABILITY.

15-1-104. SEVERABILITY. If any provision of this code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.
History:
[I.C., sec. 15-1-104, as added by 1971, ch. 111, sec. 1, p. 233.]