reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-1. - Town taking possession of property.

§ 33-21-1. Town taking possession of property.
Whenever any person shall die leaving any real estate within this state, and shall leave no heir or legal representative to claim the real estate, the town council of the town in which the real estate is located may direct the town treasurer of the town to take the property into his or her possession for the use of the town until the heir or other legal representative of the deceased shall call for the real estate, to whom the real estate shall be delivered on being claimed and evidence of the right or title of the claimant shown; and the town shall in that case account with the claimant for the real estate, but not including any income or interest received from the real estate.
History of Section.
C.P.A. 1905, § 956; G.L. 1909, ch. 317, § 1; G.L. 1923, ch. 368, § 1; G.L. 1938, ch. 582, § 1; G.L. 1956, § 33-21-1; P.L. 1961, ch. 195, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-2. - Repealed.

§ 33-21-2. Repealed.
History of Section.
Former § 33-21-2 (C.P.A. 1905, § 958; G.L. 1909, ch. 317, § 3; G.L. 1923, ch. 368, § 3; G.L. 1938, ch. 582, § 3; G.L. 1956, § 33-21-2) was repealed by P.L. 1961, ch. 195, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-3. - Action for recovery of property.

§ 33-21-3. Action for recovery of property.
If any person shall appear to be in possession of any real estate of one dying without known heirs or other legal representatives as provided in § 33-21-1, and shall on request refuse to deliver or surrender possession of the real estate to the town treasurer directed as provided, the town treasurer may in his or her capacity commence and prosecute an action for the recovery of the real estate. For purposes of §§ 33-21-1 and 33-21-3 — 33-21-6, “real estate” shall not include real estate to the extent it constitutes the underlying security for any note, obligation, or other security owned by a person dying without known heirs, and the real estate to this extent shall be subject to the provisions of this chapter and chapter 21.1 of this title. The attorney general may be joined, on behalf of the state, as a party respondent in any action involving title to the real estate.
History of Section.
C.P.A. 1905, § 959; G.L. 1909, ch. 317, § 4; G.L. 1923, ch. 368, § 4; G.L. 1938, ch. 582, § 4; G.L. 1956, § 33-21-3; P.L. 1961, ch. 195, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-4. - Subjection of estate to debts of decedent.

§ 33-21-4. Subjection of estate to debts of decedent.
Whenever any real estate shall be taken into possession by any town treasurer pursuant to this chapter, the real estate shall be subject and liable to the payment of the debts of the deceased to whom it belonged, as liens on the property; and these liens may be established and enforced by proceedings brought by the creditors against the town as trustee, at any time within two (2) years after the town has taken possession.
History of Section.
C.P.A. 1905, § 957; G.L. 1909, ch. 317, § 2; G.L. 1923, ch. 368, § 2; G.L. 1938, ch. 582, § 2; G.L. 1956, § 33-21-4; P.L. 1961, ch. 195, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-5. - Order for sale of real estate.

§ 33-21-5. Order for sale of real estate.
Whenever a town shall have been in possession of any real estate under the provisions of § 33-21-1 for ten (10) years without any person having claimed the same as heir at law, devisee, legatee, or legal representative of the deceased person, and shall, by complaint setting forth all the known facts in relation to the title and possession of the real estate and in relation to the person who died leaving the property, apply to the superior court for leave to sell and convey the real estate, the court shall order such notice of the pendency of the complaint as may to the court seem proper, and may, after the return of the notice and the hearing of all persons interested in the real estate, order the sale and conveyance of real estate in such manner and upon such terms and conditions as the court shall prescribe.
History of Section.
C.P.A. 1905, § 963; G.L. 1909, ch. 317, § 8; G.L. 1923, ch. 368, § 8; G.L. 1938, ch. 582, § 8; G.L. 1956, § 33-21-5.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-6. - Proceeds of sale.

§ 33-21-6. Proceeds of sale.
The proceeds of a sale, and the balance of any proceeds after proceedings by creditors under § 33-21-4, over and above all expenses incurred by the town, shall be held by the town and be accounted for in the same way and be held for the same uses as the real estate would have been had no sale been made.
History of Section.
C.P.A. 1905, § 964; G.L. 1909, ch. 317, § 9; G.L. 1923, ch. 368, § 9; G.L. 1938, ch. 582, § 9; G.L. 1956, § 33-21-6.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-7 - — 33-21-9. Repealed.

§ 33-21-7 — 33-21-9. Repealed.
History of Section.
Former §§ 33-21-7 — 33-21-9 (C.P.A. 1905, §§ 960-962; G.L. 1909, ch. 317, §§ 5-7; G.L. 1923, ch. 368, §§ 5-7; G.L. 1938, ch. 582, §§ 5-7; G.L. 1956, §§ 33-21-7 to 33-21-9) were repealed by P.L. 1961, ch. 195, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-10. - Record of proceedings.

§ 33-21-10. Record of proceedings.
The town treasurer shall keep an exact record of his or her proceedings under the provisions of this chapter.
History of Section.
C.P.A. 1905, § 965; G.L. 1909, ch. 317, § 10; G.L. 1923, ch. 368, § 10; G.L. 1938, ch. 582, § 10; G.L. 1956, § 33-21-10.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21 - Unclaimed Property › Section 33-21-11 - — 33-21-43. Repealed.

§ 33-21-11 — 33-21-43. Repealed.
History of Section.
Former §§ 33-21-11 — 33-21-40 (G.L. 1956, §§ 33-21-11 — 33-21-40; P.L. 1968, ch. 256, § 1; P.L. 1978, ch. 205, art. X, § 1; P.L. 1978, ch. 351, §§ 1, 2, 3; P.L. 1979, ch. 118, §§ 1, 3; P.L. 1979, ch. 216, § 1; P.L. 1982, ch. 141, § 1; P.L. 1982, ch. 364, § 1), concerning unclaimed property, were repealed by P.L. 1986, ch. 500, § 2, effective July 1, 1987. For comparable provisions, see § 33-21-1 et seq. and § 33-21.1-1 et seq. Former §§ 33-21-41 — 33-21-43 (G.L. 1956, 33-21-41 to 33-21-43, as enacted by P.L. 1961, ch. 195, § 6) were repealed by P.L. 1968, ch. 256, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-2. - Property presumed abandoned.

§ 33-21.1-2. Property presumed abandoned.
(a)
Except as otherwise provided by this chapter, all intangible property, including any income or increment derived from intangible property, 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 three (3) years after it became payable or distributable is presumed abandoned.
(b)
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 of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-2.1. - United States savings bonds unclaimed property escheat procedure.

§ 33-21.1-2.1. United States savings bonds unclaimed property escheat procedure.
(a)
Notwithstanding the provisions of § 33-21.1-2(b), United States savings bonds that are unclaimed property and subject to the provisions of this chapter shall escheat to the state of Rhode Island three (3) years after becoming unclaimed property, and all property rights to such United States savings bonds or proceeds from such bonds shall vest solely in the state of Rhode Island.
(b)
If no claim has been filed pursuant to this chapter for United States savings bonds, the administrator may commence a civil action in any district court within the state of Rhode Island for a determination that such United States savings bonds shall escheat to the state. The administrator may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the administrator’s custody to justify the expense of such proceedings.
(c)
If no person shall file a claim or appear at the hearing to substantiate a claim, or where the court shall determine that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the administrator has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to the state.
(d)
The administrator may redeem such United States savings bonds escheated to the state and proceeds from such redemption of United States savings bonds shall be deposited in the state general fund in accordance with the provisions of § 33-21.1-23.
History of Section.
P.L. 2016, ch. 386, § 1; P.L. 2016, ch. 406, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-3. - General rules for taking custody of intangible unclaimed property.

§ 33-21.1-3. 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 §§ 33-21.1-2 and 33-21.1-5 — 33-21.1-16 are satisfied; and
(1)
The last known address, as shown on the records of the holder, of the apparent owner is in this state; or
(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; or
(3)
The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(i)
The last known address of the person entitled to the property is in this state, or
(ii)
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; or
(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; or
(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
(i)(A)
The last known address of the apparent owner or other person entitled to the property is unknown, or
(B)
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
(ii)
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 of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-3.1. - Property originated or issued by this state, any political subdivision of the state or any entity incorporated, organized, created or otherwise located in this state.

§ 33-21.1-3.1. Property originated or issued by this state, any political subdivision of the state or any entity incorporated, organized, created or otherwise located in this state.
(a)
All intangible property, including, but not limited to securities, principal, interest, dividends, or other earnings thereon, less any lawful charges, held by a business association, federal, state or local government or governmental subdivision, agency or entity, or any other person or entity, regardless of where the holder may be found, if the owner has not claimed the property or corresponded in writing with the holder concerning the property within three (3) years after the date prescribed for payment or delivery by the issuer, unless the holder is a state that has taken custody pursuant to its own unclaimed property laws, in which case no additional period of holding beyond that of the state is necessary under this section, is presumed abandoned and subject to the custody of this state as unclaimed property if:
(1)
The last known address of the owner is unknown: and
(2)
The person or entity originating or issuing the intangible property is this state or any political subdivision of this state, or is incorporated, organized, created, or otherwise located in this state.
(b)
The provisions of subsection (a) shall not apply to property which is or may be presumed abandoned and subject to the custody of this state pursuant to any other section of this title or any other provision of law.
(c)
The provisions of subsection (a) shall apply to all property held at the time of enactment, or at any time thereafter, regardless of when the property became or becomes presumptively abandoned.
History of Section.
P.L. 1993, ch. 9, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-4. - Travelers checks and money orders.

§ 33-21.1-4. Travelers checks and money orders.
(a)
Subject to subsection (d), 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.
(b)
Subject to subsection (d), 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 five (5) years after its issuance is presumed abandoned unless the owner, within five (5) 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.
(c)
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 these charges and does not regularly reverse or otherwise cancel them.
(d)
No sum payable on a travelers check, money order, or similar written instrument, other than a third party bank check, described in subsections (a) and (b) may be subjected to the custody of this state as unclaimed property unless:
(1)
The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this state;
(2)
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
(3)
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.
(e)
Notwithstanding any other provision of this chapter, subsection (d) applies to sums payable on travelers checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1971, except to the extent that those sums have been paid over to a state prior to January 1, 1981.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-5. - Checks, drafts and similar instruments issued or certified by banking and financial organizations.

§ 33-21.1-5. Checks, drafts and similar instruments issued or certified by banking and financial organizations.
(a)
Any sum payable on a check, draft, or similar instrument, except those subject to § 33-21.1-4, 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 three (3) years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within three (3) 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.
(b)
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 the charges and does not regularly reverse or otherwise cancel them.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-8. - Deposits held by utilities.

§ 33-21.1-8. Deposits held by utilities.
A deposit, including any interest on the deposit, 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 year after termination of the services for which the deposit or advance payment was made is presumed abandoned.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-9. - Refunds held by business associations.

§ 33-21.1-9. Refunds held by business associations.
(a)
The sum to be paid as a refund, under an order or decision of a court or administrative agency or by agreement, remaining unclaimed for more than six (6) months after it became payable is presumed abandoned, regardless of whether the apparent owner has made any claim to the refund, unless, within the preceding six (6) months, there has been a communication between the apparent owner and the holder concerning that sum.
(b)
Any sum payable or intangible property properly distributable in the course of a voluntary or involuntary dissolution or liquidation remaining unclaimed for six (6) months after the date of the final distribution or liquidation is presumed abandoned, unless, within the preceding six (6) months, there has been communication between the apparent owner and the person making the payment or distribution concerning that sum or distribution.
(c)
Intangible property payable or distributable to a member of or participant in a class action, either one allowed by the court to be maintained as a class action or one essentially handled as a class action, and remaining for more than six (6) months after the time for the final payment or distribution is presumed abandoned, unless, within the preceding six (6) months, there has been a communication between the member or participant and the holder concerning the property. Intangible property payable or distributable as the result of litigation or settlement of a dispute before judicial or administrative body and remaining unclaimed for more than six (6) months after the time for the final payment or distribution is presumed abandoned, unless, within the preceding six (6) months, there has been a communication between the apparent owner and the holder concerning the property.
(d)
The person actually making or having the duty to make payment or distribution shall be deemed the holder for the purpose of this section.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-11. - Repealed.

§ 33-21.1-11. Repealed.
History of Section.
P.L. 1986, ch. 500, § 3; Repealed by P.L. 1992, ch. 133, art. 86, § 3, effective July 1, 1992.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-12. - Property held by agents and fiduciaries.

§ 33-21.1-12. Property held by agents and fiduciaries.
(a)
Intangible property and any income or increment derived from the intangible property held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within three (3) years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary. In applying the preceding sentence to family education accounts, as defined in § 44-30-25, twenty (20) years shall be substituted for five (5) years.
(b)
Funds in an individual retirement account or a retirement plan for self employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection (a) unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(c)
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 or her and the business association provides otherwise.
(d)
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 of Section.
P.L. 1986, ch. 500, § 3; P.L. 1989, ch. 220, § 2; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-13. - Property held by courts and public agencies.

§ 33-21.1-13. Property held by courts and public agencies.
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 year after becoming payable or distributable is presumed abandoned. Intangible property held by a state court shall escheat to the state pursuant to the provisions of § 8-12-1 — § 8-12-3.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 2010, ch. 231, § 4; P.L. 2010, ch. 238, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-14. - Gift certificates and credit memos.

§ 33-21.1-14. Gift certificates and credit memos.
(a)
A credit memo issued by a business association that remains unredeemed for more than three (3) years after issuance is presumed abandoned. Pursuant to § 6-13-12, gift certificates shall not be presumed to be abandoned.
(b)
In the case of a credit memo, the amount presumed abandoned is the amount credited as shown in the memo itself.
(c)
The amount of a credit memo presumed abandoned is subject to the custody of this state in the following circumstances:
(1)
The records of the issuer show that the last known address of the recipient of the memo is in this state;
(2)
The records of the issuer do not show the address of the purchaser or recipient, but do show that the certificate or memo was issued in this state;
(3)
The records of the issuer do not show the address of the recipient and do not show the state where the memo was issued and the issuer has its principal place of business in this state;
(4)
The records of the issuer show that the address of the recipient, or if none, the state where the memo was issued, is in or is a state whose escheat or unclaimed property law does provide for the escheat or custodial taking of credit memos, and the issuer has its principal place of business in this state.
(d)
Commencing on July 1, 1992, a business association issuing a credit memo in this state shall have a duty to record either the name and address of a recipient of a credit memo or the state in which the memo was issued.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2; P.L. 2005, ch. 194, § 2; P.L. 2005, ch. 202, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-14.1. - Property held by police departments.

§ 33-21.1-14.1. Property held by police departments.
(a)
All tangible and intangible personal property and any income from this property which has been confiscated by any city, town, or state police department and has been held in the custody of the department for six (6) months or more shall be presumed abandoned and shall revert to the general fund in accordance with § 33-21.1-23.
(b)
All money which is being held by the police department as a result of confiscation shall be deposited in a special interest bearing bank account during and until the expiration of the three (3) year period prior to reversion to the general fund.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2; P.L. 1997, ch. 30, art. 28, § 9.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-14.2. - Property held by hospitals, private, nonprofit institution of higher education or other domestic charitable corporations.

§ 33-21.1-14.2. Property held by hospitals, private, nonprofit institution of higher education or other domestic charitable corporations.
All intangible property in the form of uncashed vendor checks which have been held in the custody of a hospital, private, nonprofit institutions of higher education or such other domestic charitable corporations for three (3) or more years and satisfies the conditions found in § 33-21.1-3(1) through (6) shall be presumed abandoned.
History of Section.
P.L. 1989, ch. 223, § 2; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-15. - Wages.

§ 33-21.1-15. 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 year after becoming payable are presumed abandoned. In addition, unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the business of a hospital, private, nonprofit institution of higher education, and other domestic charitable corporation which remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1989, ch. 223, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-16. - Contents of safe deposit box or other safekeeping repository.

§ 33-21.1-16. 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 three (3) years after the lease or rental period on the box or other repository has expired, are presumed abandoned.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-16.1. - Unclaimed demutualization proceeds.

§ 33-21.1-16.1. Unclaimed demutualization proceeds.
Property distributable in the course of a demutualization of an insurance company is deemed abandoned two (2) years after the date the property is first distributable if, at the time of the first distribution the last known address of the owner on the books and records of the holder is known to be incorrect, or the distribution or statements are returned by the post office as undeliverable; and the owner has not:
(1)
Communicated in writing with the holder or its agents regarding the property; or
(2)
Otherwise communicated with the holder regarding the property as evidenced by a memorandum or other record on file with the holder or its agent.
History of Section.
P.L. 2003, ch. 376, art. 33, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-19. - Payment or delivery of abandoned property.

§ 33-21.1-19. Payment or delivery of abandoned property.
(a)
Except as otherwise provided in subsection (b), a person who is required to file a report under § 33-21.1-17, shall at the time of filing the report as required by § 33-21.1-17 pay or deliver to the administrator all abandoned property required to be reported.
(b)
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. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
(c)
The holder of an interest under § 33-21.1-10 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 provision of § 33-21.1-20 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 of Section.
P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-21. - Crediting of dividends, interest or increments to owner’s account.

§ 33-21.1-21. 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 of the property into money.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-23. - Deposit of funds.

§ 33-21.1-23. Deposit of funds.
(a)
Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund of this state all funds received under this chapter, including the proceeds from the sale of abandoned property under § 33-21.1-22. The administrator shall retain in a separate bank account an amount not less than one hundred thousand dollars ($100,000) from which prompt payment of claims duly allowed must be made by him or her. Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders’ reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number and the name of the company. The record with the exception of the amount due must be available for public inspection at all reasonable business hours.
(b)
Before making any transfer from the account surplus to the credit of the general fund, the administrator may deduct:
(1)
Any costs in connection with the sale of abandoned property;
(2)
Costs of mailing and publication in connection with any abandoned property;
(3)
Reasonable service charges;
(4)
Costs incurred in examining records of holders of property and in collecting the property from those holders; and
(5)
Any other charges, costs or expenses incurred in the administration of this chapter.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1987, ch. 246, § 1; P.L. 1988, ch. 110, § 1; P.L. 1992, ch. 133, art. 86, § 2; P.L. 1993, ch. 138, art. 7, § 1; P.L. 1994, ch. 427, § 4.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-24. - Filing of claim with administrator.

§ 33-21.1-24. Filing of claim with administrator.
(a)
A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with him or her a claim on a form prescribed by him or her and verified by the claimant.
(b)
The administrator shall consider each claim within ninety (90) days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.
(c)
If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received, or the net proceeds if it has been sold by the administrator, together with any additional amount required by § 33-21.1-21. If the claim is for property presumed abandoned under § 33-21.1-10 which was sold by the administrator within three (3) years after the date of delivery, the amount payable for that claim is the value of the property at the time the claim was made or the net proceeds of sale, whichever is greater. If the property claimed was interest bearing to the owner on the date of surrender by the holder, the administrator also shall pay interest at a rate of five percent (5%) a year or any lesser rate the property earned while in the possession of the holder. Interest begins to accrue when the property is delivered to the administrator and ceases on the earlier of the expiration of fifteen (15) years after delivery or the date on which payment is made to the owner. No interest on interest bearing property is payable for any period before the effective date of this chapter.
(d)
Any holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator, would be subject to subsection (c) shall add interest as provided in subsection (c). The added interest must be repaid to the holder by the administrator in the same manner as the principal.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-25. - Claim of another state to recover property; procedure.

§ 33-21.1-25. Claim of another state to recover property; procedure.
(a)
At any time after property has been paid or delivered to the administrator under this chapter, another state may recover the property if:
(1)
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;
(2)
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;
(3)
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;
(4)
The property was subjected to custody by this state under § 33-21.1-3(6) 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
(5)
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 § 33-21.1-4, 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.
(b)
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 or she determines that the other state is entitled to the abandoned property under subsection (a).
(c)
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 of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-26. - Action to establish claim.

§ 33-21.1-26. Action to establish claim.
A person aggrieved by a decision of the administrator, or whose claim has not been acted upon within ninety (90) days after its filing, may bring an action to establish the claim in the superior court, naming the administrator as a defendant. The action must be brought within ninety (90) days after the decision of the administrator or within one hundred and eighty (180) days after the filing of the claim if he or she has failed to act on it. The action shall be tried de novo without a jury.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-27. - Election to take payment or delivery.

§ 33-21.1-27. Election to take payment or delivery.
(a)
The administrator may decline to receive any property reported under this chapter which he or she 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 and twenty (120) days after filing the report required under § 33-21.1-17.
(b)
A holder, with the written consent of the administrator and upon conditions and terms prescribed by him or her, 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 of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-28. - Destruction or disposition of property having insubstantial commercial value — Immunity from liability.

§ 33-21.1-28. Destruction or disposition of property having insubstantial commercial value — Immunity from liability.
If the administrator determines after investigation that any property delivered under this chapter 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 on account of any action taken by the administrator pursuant to this section.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-28.1. - Disposition of “de minimis” property.

§ 33-21.1-28.1. Disposition of “de minimis” property.
(a)
The administrator may dispose of any “de minimis” property delivered under this chapter that has been in possession of the administrator for more than ten (10) years. No action or proceeding may be maintained against the state, or any officer, or against the holder for any action taken by the administrator pursuant to this section.
(b)
For the purposes of this chapter, “de minimis” property means any property with a value of less than fifty dollars ($50.00).
History of Section.
P.L. 2011, ch. 293, § 1; P.L. 2011, ch. 301, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-29. - Limitation periods.

§ 33-21.1-29. Limitation periods.
(a)
The expiration, before or after July 1, 1987, 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 by this chapter.
(b)
No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than ten (10) years after the duty arose; however, this limitation shall not apply to any action or proceeding brought by or on behalf of the administrator against any federal, state, or local government, or governmental subdivision, agency, or entity for the payment or delivery of any abandoned property to the administrator pursuant to this chapter or to enforce or collect any penalty provided by this chapter.
History of Section.
P.L. 1986, ch. 500, § 3; P.L. 1990, ch, 233, § 1.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-30. - Requests for reports and examination of records.

§ 33-21.1-30. Requests for reports and examination of records.
(a)
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.
(b)
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 he or she is not in possession of any property reportable or deliverable under this chapter.
(c)
If a person is treated under § 33-21.1-12 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 (b), may examine the records of the person if the administrator has given the notice required by subsection (b) to both the person and the business association at least ninety (90) days before the examination.
(d)
If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars ($100) a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable. The cost of examination made pursuant to subsection (c) may be imposed only against the business association.
(e)
If a holder fails after July 1, 1987 to maintain the records required by § 33-21.1-31 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 any amounts as may reasonably be estimated from any available records.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-31. - Retention of records.

§ 33-21.1-31. Retention of records.
(a)
Every holder required to file a report under § 33-21.1-17, 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 property becomes reportable, except to the extent that a shorter time is provided in subsection (b) or by rule of the administrator.
(b)
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 these 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 date the property is reportable.
History of Section.
P.L. 1986, ch. 500, § 3.
2023 Rhode Island General Laws › Title 33 - Probate Practice and Procedure › Chapter 33-21.1 - Unclaimed Intangible and Tangible Property › Section 33-21.1-32. - Enforcement.

§ 33-21.1-32. Enforcement.
The administrator may bring an action in a court of competent jurisdiction to enforce this chapter.
History of Section.
P.L. 1986, ch. 500, § 3.