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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
ESTATES OF DECEDENTS
CHAPTER 5
REVISED UNCLAIMED PROPERTY ACT
PART 9
CLAIM TO RECOVER PROPERTY FROM ADMINISTRATOR
14-5-904. WHEN ADMINISTRATOR MUST HONOR CLAIM FOR PROPERTY. (1) The administrator shall pay or deliver property to a claimant under section 14-5-903(1), Idaho Code, if the administrator receives a complete claim providing evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property.
(2) A claim is complete when a claimant has provided all the information and documentation requested by the administrator as necessary to establish legal ownership and such information or documentation is entered into the administrator’s unclaimed property system.
(3) The administrator shall allow or deny a claim no later than ninety (90) days after a claim is complete unless the administrator extends the review date for reasonable cause.
(4) The administrator may administratively close a claim if it is not complete and the claim is inactive for at least ninety (90) days following a request for information or documentation by the administrator.
(5) Claims submitted to the administrator shall not be entitled to a contested case hearing.
(6) If a claim is denied under subsection (3) of this section:
(a) The administrator shall issue a recommended order under section 67-5243, Idaho Code, specifying what additional evidence, if any, is required for the claim to be allowed; and
(b) Within fourteen (14) days of the service date of the recommended order, the claimant may file an amended claim with the administrator. The amended claim shall be a motion for reconsideration pursuant to section 67-5243(3), Idaho Code.
(7) A claim that is administratively closed or is denied without action under section 14-5-906, Idaho Code, may be resubmitted by the claimant as a new claim.
(8) When the original property owner is deceased, the administrator may adhere to section 15-2-103, Idaho Code, to determine whether a claimant is the rightful owner. The administrator has discretion to seek other determining factors when denying or approving a claim.
History: