§ 60-674-2

A. If any claimant asserts an interest in any property delivered to the State Treasurer in which the owner of the property is determined to be deceased, the State Treasurer shall not pay over or deliver to the claimant property as provided in Section 651 et seq. of this title, unless the claimant provides the following items as applicable: 1. A certified copy of letters of administration or letters testamentary from the probate of the estate of the decedent naming the claimant as the personal representative of the estate of the decedent;2. A certified copy of the decree of distribution from the probate of the estate of the decedent determining the claimant to be entitled to receive such property through the estate of the decedent;3. If the owner of the property executed an inter vivos trust which provided for the disposition of the property of the owner, a properly verified copy of the trust instrument which shows the claimant is the trustee or beneficiary of the trust or otherwise entitled to the property; or4. If the property is derived from real property located in this state, a certified copy of a final decree quieting title of the decedent’s real property, determining the

entitled to the property; or4. If the property is derived from real property located in this state, a certified copy of a final decree quieting title of the decedent’s real property, determining the claimant to be the successor in interest of decedent’s ownership interest.B. If the value of the property at the time the claim is to be paid is Ten Thousand Dollars ($10,000.00) or more, the claimant shall provide a certified copy of the death certificate of the owner of the property.C. If the value of the property at the time the claim is paid is Twenty-five Thousand Dollars ($25,000.00) or less, the claimant shall provide a signed affidavit executed by the claimant stating that the claimant is entitled to receive such property, the reason the claimant is entitled to receive such property, that there has been no probate of the estate of the deceased owner, that no probate is contemplated and that claimant will indemnify the state for any loss, including attorney fees, if another claimant asserts a prior right to the property.D. The State Treasurer may require other reasonable documentation, in addition to the items listed in subsections A, B, and C of this section, to determine the

t asserts a prior right to the property.D. The State Treasurer may require other reasonable documentation, in addition to the items listed in subsections A, B, and C of this section, to determine the validity of the claim.Added by Laws 1994, c. 304, § 1, eff. Sept. 1, 1994. Amended by Laws 1996, c. 334, § 6, eff. Nov. 1, 1996; Laws 1999, c. 84, § 1, eff. Nov. 1, 1999; Laws 1999, c. 426, § 1, eff. Nov. 1, 1999; Laws 2001, c. 133, § 10, emerg. eff. April 24, 2001; Laws 2003, c. 224, § 12, eff. July 1, 2003; Laws 2010, c. 241, § 4, emerg. eff. May 10, 2010; Laws 2012, c. 131, § 2, eff. Nov. 1, 2012; Laws 2024, c. 446, § 4, eff. Nov. 1, 2024.NOTE: Laws 1999, c. 10, § 21 repealed by Laws 1999, c. 426, § 4, eff. Nov. 1, 1999.