Probate Practice and Procedure

CHAPTER 33-21.1
Unclaimed Intangible and Tangible Property

SECTION 33-21.1-18

§ 33-21.1-18. Notice and publication of lists of abandoned property.

(a) The administrator shall place an advertisement, twice a year, one not later than March 1 and one not later than October 15, at least once a week for two (2) consecutive weeks in a newspaper or combination of newspapers of general circulation that reach each county in the state. The advertisement shall: (1) Not exceed one quarter ( 1 / 4 ) of a newspaper page; and (2) List a phone number citizens can call to request a written copy of the unclaimed property publication; and (3) List a website that provides the information contained in the unclaimed property publication. The unclaimed property publication shall consist of two (2) parts.

(b) Part one of the unclaimed property publication must be entitled "Names of Persons Appearing to be Owners of Abandoned Property" and contain:

(1) The names in alphabetical order and last known address, if any, of persons listed in the report and entitled to notice within the state;

(2) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and

(3) A statement that if proof of claim is not presented by the owner to the holder and the owner's right to receive the property is not established to the holder's satisfaction the property will be placed in the custody of the administrator and all further claims must thereafter be directed to the administrator.

(4) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under § 33-21.1-4 or museum property subject to chapter 34-44.1.

(c)(1) Part two (2) of the unclaimed property publication must be entitled "Names of Persons Appearing to be Owners of Abandoned Museum Property" and contain the following information that a museum, as defined in chapter 34-44.1, has provided to the administrator:

(i) The name and address of the museum and brief and general description of the unclaimed property, including the approximate date the property came into the custody of the museum;

(ii) If known, the name and address of the lender on record with the museum;

(iii) A request that all persons who may have any knowledge of the whereabouts of the lender provide written notice to the museum;

(iv) The name, and contact information of the person at the museum to be contacted regarding the property; and

(v) Language providing that if a written assertion of title is not presented by the lender to the museum within sixty (60) days from the last day that the notice is included in the unclaimed property publication, the property shall be considered abandoned and donated and shall become the property of the museum.

(2) After notice has been posted in part two (2) of the unclaimed property publication for six (6) months, the administrator shall provide in writing to each museum confirmation of the dates that the properties were included in the unclaimed property publication.

(3) The administrator shall have the authority to establish procedures to implement the provisions of this subsection (c); provided however, that at no time shall any property be placed in the custody of the administrator and provided further that the administrator shall have no authority to determine any claim of ownership. All claims shall be directed to the museum that has custody of the property and any claim of ownership shall be determined in accordance with the provisions of chapter 34-44.1. The administrator, and the administrator's employees and agents, shall not be liable for any actions taken in carrying out the requirements of this subsection (c).

(d) The administrator is not required to publish in the unclaimed property publication any items of less than fifty dollars ($50.00) unless the administrator considers their publication to be in the public interest or a museum's requests that an item be published in the unclaimed property publication.

History of Section.
(P.L. 1986, ch. 500, § 3; P.L. 1992, ch. 133, art. 86, § 2; P.L. 2003, ch. 376, art. 33, § 2; P.L. 2011, ch. 281, § 1; P.L. 2013, ch. 160, § 2; P.L. 2013, ch. 219, § 2.)