TITLE 14

ESTATES OF DECEDENTS

CHAPTER 5

REVISED UNCLAIMED PROPERTY ACT

PART 6

TAKING CUSTODY OF PROPERTY BY ADMINISTRATOR

14-5-605.  RECOVERY OF PROPERTY BY HOLDER FROM ADMINISTRATOR. (1) A holder that under this chapter pays money to the administrator may file a claim for reimbursement from the administrator of the amount paid if the holder:

(a)  Paid the money in error; or

(b)  After paying the money to the administrator, paid money to a person the holder reasonably believed was entitled to the money.

(2)  If a claim for reimbursement under subsection (1) of this section is made for a payment made on a negotiable instrument, including a traveler’s check, money order, or similar instrument, the holder must submit proof that the instrument was presented and payment was made to a person the holder reasonably believed was entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner’s right to receive or recover property, whether specified by contract, statute, or court order.

(3)  If a holder is reimbursed by the administrator under subsection (1)(b) of this section, the holder may also recover from the administrator income or gain under section 14-5-607, Idaho Code, that would have been paid to the owner if the money had been claimed from the administrator by the owner to the extent the income or gain was paid by the holder to the owner.

(4)  A holder that under this chapter delivers property other than money to the administrator may file a claim for return of the property from the administrator if:

(a)  The holder delivered the property in error; or

(b)  The apparent owner has claimed the property from the holder.

(5)  If a claim for return of property under subsection (4) of this section is made, the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the administrator in error.

(6)  The administrator may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.

(7)  A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.

(8)  No later than ninety (90) days after a claim is filed under subsection (1) or (4) of this section, the administrator or the administrator’s agent shall issue a preliminary order allowing or denying the claim and giving the claimant notice of the decision in a record. If the administrator does not take action on a claim during the ninety (90) day period, the claim is deemed denied.

(9)  Unless the administrator provides for a longer period by rule, the claimant may petition under chapter 52, title 67, Idaho Code, for review of the preliminary order or the deemed denial under subsection (8) of this section no later than:

(a)  Fourteen (14) days following receipt of the preliminary order; or

(b)  One hundred four (104) days following the filing of a claim under subsection (1) or (4) of this section in the case of a denial deemed under subsection (8) of this section.

(10) A final order in an administrative proceeding initiated under subsection (9) of this section is subject to judicial review in accordance with the provisions of chapter 52, title 67, Idaho Code.

(11) A holder may not claim or otherwise recover from the administrator intangible property with a value of less than fifty dollars ($50.00) that was previously voluntarily reported to the administrator, except for purposes of reimbursement of the holder for a claim paid directly to a reappearing owner.

History:

[14-5-605, added 2024, ch. 27, sec. 2, p. 201.]