Property that goes unclaimed long enough must be reported and delivered to the state.
Esshaki Legal Media TeamCurrent as of November 2023
Unclaimed property laws require holders to report and remit property that has
remained unclaimed by its owner for a statutory dormancy period. Financial
institutions are among the largest holders.
Dormancy periods vary by property type and state — deposit accounts, cashier’s
checks, money orders, safe deposit contents and securities each have their own.
Owner contact. Dormancy typically runs from the last owner-generated
activity, not from the institution’s own postings of interest or fees. Automated
interest credits do not restart the clock in most states.
Due diligence letters to the last known address are required before
reporting, within a window before the filing deadline.
Reporting and remittance. Annual reports to each relevant state, with
property delivered. The state of the owner’s last known address has the primary
claim; the holder’s state of incorporation takes property with no known address.
Fees and interest. Many states restrict charging dormancy fees or ceasing
interest unless disclosed and uniformly applied.
Audits are frequently conducted by contingency-fee firms across multiple
states at once, and reach back many years using estimation where records are
incomplete. Retaining records beyond the audit look-back is the practical
defense.
Safe deposit boxes carry their own drilling, inventory and notice procedures
that must be followed precisely.