10 IAC 1.5-4-4 - Proof of ownership; general

Authority: IC 32-34-1-52

Affected: IC 32-34-1

Sec. 4.

(a) Information required to prove ownership of unclaimed property shall consist of a copy of the claimant's driver's license or other picture identification, a document proving the claimant's Social Security number, and a copy of one (1) or more of the following:
(1) Birth certificate.
(2) Last will and testament.
(3) Evidence of probate distribution.
(4) Marriage certificate.
(5) Divorce decree.
(6) Documentation providing a connection with the reported address or business for the year cited as the date of last transaction in the holder's report.
(7) Letters testamentary.
(8) Notarized copy of contract if a representative is claimant.
(9) Guardianship or trust agreement.
(10) An affidavit executed by an individual other than the claimant having knowledge of, and in support of, a claim when requested information or documentation is not available.
(11) Any other documentation necessary to support the claim, as requested by the attorney general, including, but not limited to, the following:
(A) An income tax return.
(B) Adoption records.
(C) Court records.
(D) Certificates of deposits.
(E) Stale dated checks.
(b) In addition to items set out in subsection (a), the minimum requirements needed to establish ownership for various types of property are as follows:
(1) For a checking account, a check, blank or canceled, showing the account number for that bank or a statement on that account that contains the account number.
(2) For a savings account, a copy of the passbook showing the account number or correspondence referencing the account number.
(3) For a safe deposit box, a copy of the safe deposit box rental receipt or correspondence referencing that rental.
(4) For wages, copies of W-2 forms, tax records, or correspondence relating to that employment.
(5) For stock and dividends, copies of a stock certificate of the business entity reported, correspondence relating to that stock certificate, or a statement from the broker showing purchase or sale of that stock.
(6) For bearer bonds and certificates of deposit, a copy of the record of purchase.
(7) For insurance, a copy of the policy or correspondence relating to that policy by policy number.
(8) For mineral proceeds, one (1) or more of the following as specified in the letter requesting documents:
(A) Mineral deed.
(B) Surface deed, which includes mineral retained, sold, or purchased.
(C) Probate inventory.
(D) Oil and gas lease.
(E) Purchase documents for an overriding royalty interest.
(F) Certification of current pay status.
(9) For court clerk funds, a court order or court decree ordering the attorney general to pay the funds to the claimant.
(10) For vendor checks, copies of accounts receivable billings, invoices, bills of lading, or correspondence with the holder reporting and remitting the funds that show a business relationship for each payment, or a statement that the funds are still considered to be due and owing on the account.
(11) For a claim by heirs of listed owners, if the claim is based on heirship, one (1) or more of the following documents may be required:
(A) Final decree of probate.
(B) Death certificate.
(C) An affidavit of proof of death and heirship executed by a person disinterested in the claim may be acceptable when the decedent's estate was not probated.
(12) For a cashier's check, the cashier's check must be claimed by the payee as the owner unless the purchaser submits sufficient documentation to prove a superior claim.
(c) If the subject property is a check, the claimant must, in addition to submitting a fully completed claim form:
(1) submit the original check; or
(2) submit verification in the form of an affidavit from the issuing agent of the check that the claimant is the true owner of the check and the issuing agent would pay the value of the check to the claimant if the issuing agent had not remitted the funds to the attorney general.

Notes

10 IAC 1.5-4-4
Office of Attorney General for the State; 10 IAC 1.5-4-4; filed Jul 1, 1997, 4:15 p.m.: 20 IR 3001; readopted filed Aug 14, 2003, 1:15 p.m.: 27 IR 946; readopted filed Oct 6, 2009, 9:03 a.m.: 20091104-IR-010090575RFA Readopted filed 10/26/2015, 1:48 p.m.: 20151125-IR-010150149RFA Readopted filed 11/10/2021, 4:13 p.m.: 20211208-IR-010210426RFA

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