Title 14, ESTATES OF DECEDENTS

14-5-102. DEFINITIONS. As used in this chapter: (1) "Administrator" means the state treasurer's office or its duly authorized agents or employees. (2) "Administrator's agent" means a person with which the administrator contracts to conduct an examination under part 10 of this cha…

14-5-103. INAPPLICABILITY TO FOREIGN TRANSACTION. This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction.

14-5-104. RULEMAKING. The administrator may adopt, under chapter 52, title 67, Idaho Code, rules to implement and administer the provisions of this chapter.

14-5-1101. INFORMAL CONFERENCE FOLLOWING DETERMINATION OF LIABILITY. (1) No later than thirty (30) days after receipt of a notice under section 14-5-1002, Idaho Code, the putative holder may request an informal conference with the administrator to review the determination. The re…

14-5-1102. ADMINISTRATIVE AND JUDICIAL REVIEW. (1) A putative holder may seek administrative review of a recommended order issued under section 14-5-1002, Idaho Code, or affirmed or modified under section 14-5-1101, Idaho Code, as provided in section 67-5244, Idaho Code, by filin…

14-5-1201. ACTION TO ENFORCE LIABILITY. (1) If a determination under section 14-5-1002, Idaho Code, becomes final and is not subject to administrative review, the administrator may commence an action in state district court in Ada county, Boise, Idaho, or in an appropriate court …

14-5-1202. INTERSTATE AND INTERNATIONAL AGREEMENT -- COOPERATION. (1) Subject to subsection (2) of this section, the administrator may: (a) Exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of …

14-5-1203. ACTION INVOLVING ANOTHER STATE OR FOREIGN COUNTRY. (1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder. (2) Upon request of another state or foreign country, the attorney general may …

14-5-1204. INTEREST AND PENALTY FOR FAILURE TO ACT IN TIMELY MANNER. (1) A holder that fails to report, pay, or deliver property within the time prescribed by this chapter shall pay to the administrator interest at an annual rate of twelve percent (12%) on the property or value o…

14-5-1205. OTHER CIVIL PENALTIES. (1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the administrator may require the hol…

14-5-1206. WAIVER OF INTEREST AND PENALTY. The administrator may waive, in whole or in part, interest under section 14-5-1204(1), Idaho Code, and penalties under section 14-5-1204(2) or 14-5-1205, Idaho Code.

14-5-1301. WHEN AGREEMENT TO LOCATE PROPERTY VOID. (1) Subject to subsection (2) of this section, an agreement to locate property held by the administrator is void if it is entered into during the period beginning on the date the property was presumed abandoned by a holder to the…

14-5-1302. RIGHT OF AGENT OF APPARENT OWNER TO INFORMATION CONCERNING PROPERTY HELD BY ADMINISTRATOR. (1) Subject to the provisions of section 14-5-907, Idaho Code, an apparent owner may authorize an attorney to act as an agent or designate an agent pursuant to the provisions of …

14-5-1401. DEFINITION OF "PERSONAL INFORMATION" -- APPLICABILITY. (1) As used in this part, "personal information" means: (a) Information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's: (i) Soc…

14-5-1402. CONFIDENTIAL INFORMATION. (1) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure: (a) Records of the administrator or the administrator's agent related to the administration of this chapter; (b) …

14-5-1403. WHEN CONFIDENTIAL INFORMATION MAY BE DISCLOSED. (1) When reasonably necessary to enforce or implement the provisions of this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only…

14-5-1404. CONFIDENTIALITY AGREEMENT. (1) A person to be examined under section 14-5-1002, Idaho Code, may request that the administrator or the administrator's agent execute and deliver to the person to be examined a confidentiality agreement that: (a) Is in a standard form appr…

14-5-1405. NO CONFIDENTIAL INFORMATION IN NOTICE. Except as otherwise provided in sections 14-5-501 and 14-5-502, Idaho Code, a holder is not required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under t…

14-5-1406. SECURITY OF INFORMATION. (1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by a secure means. (2) If confidential information in a record is provided to and maintained by the administrator…

14-5-1407. SECURITY BREACH. Except to the extent prohibited by law other than this chapter, the administrator or administrator's agent shall notify a holder of a security breach of computerized information in accordance with the provisions of chapter 51, title 28, Idaho Code.

14-5-1501. APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration must be given to the need to promote it with respect to its subject matter among states that enact it.

14-5-1502. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede 15 U.S.C. 7001(c), or a…

14-5-1503. TRANSITIONAL PROVISION. (1) An initial report filed under this chapter for property that was not presumed abandoned before July 1, 2024, but that is presumed abandoned and required to be reported under this chapter must include all items of property that would have bee…

14-5-1504. SEVERABILITY. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and t…

14-5-201. WHEN PROPERTY PRESUMED ABANDONED. (1) Subject to the provisions of section 14-5-209, Idaho Code, the following property is presumed abandoned if it is unclaimed by the apparent owner during the specified period: (a) A traveler's check, fifteen (15) years after issuance;…

14-5-202. WHEN TAX-DEFERRED RETIREMENT ACCOUNT PRESUMED ABANDONED. (1) Subject to the provisions of section 14-5-209, Idaho Code, property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed ab…

14-5-203. WHEN OTHER TAX-DEFERRED ACCOUNT PRESUMED ABANDONED. Subject to the provisions of section 14-5-209, Idaho Code, and except for property described in section 14-5-202, Idaho Code, unclaimed accounts in the Idaho college savings program subject to the provisions of section…

14-5-204. WHEN CUSTODIAL ACCOUNT FOR MINOR PRESUMED ABANDONED. (1) Subject to the provisions of section 14-5-209, Idaho Code, property held in an account established under a state's uniform gifts to minors act or uniform transfers to minors act is presumed abandoned if it is uncl…

14-5-205. WHEN CONTENTS OF SAFE DEPOSIT BOX PRESUMED ABANDONED. Tangible property held in a safe deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this chapter are presumed abandoned if the property remains unclaimed by t…

14-5-206. WHEN STORED VALUE CARD PRESUMED ABANDONED. (1) Subject to the provisions of section 14-5-209, Idaho Code, the net card value of a stored value card, other than a payroll card that has not been duly converted to a federal deposit insurance corporation-insured, owner acce…

14-5-207. WHEN SECURITY PRESUMED ABANDONED. (1) Subject to the provisions of section 14-5-209, Idaho Code, a security is presumed abandoned five (5) years after: (a) The date a second consecutive communication sent by the holder by first class United States mail to the apparent o…

14-5-208. WHEN RELATED PROPERTY PRESUMED ABANDONED. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.

14-5-209. INDICATION OF APPARENT OWNER INTEREST IN PROPERTY. (1) The period after which property is presumed abandoned is measured from the later of: (a) The date the property is presumed abandoned under this part; or (b) The latest indication of interest by the apparent owner in…

14-5-210. KNOWLEDGE OF DEATH OF INSURED OR ANNUITANT. (1) As used in this section, "death master file" means the United States social security administration death master file or other database or service that is at least as comprehensive as the United States social security admi…

14-5-211. DEPOSIT ACCOUNT FOR PROCEEDS OF INSURANCE POLICY OR ANNUITY CONTRACT. If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check- or draft-writing privileges for the beneficiary of the policy or contract a…

14-5-212. HOLDING PERIOD DETERMINED BY TYPE OF LIABILITY. The allowable holding period shall be determined by the type of liability or property payable, not the method of payment.

14-5-301. ADDRESS OF APPARENT OWNER TO ESTABLISH PRIORITY. In this part, the following rules apply: (1) The last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner that identifies the state, even if the descripti…

14-5-302. ADDRESS OF APPARENT OWNER IN THIS STATE. The administrator may take custody of property that is presumed abandoned, whether located in this state, another state, or a foreign country if: (1) The last known address of the apparent owner in the records of the holder is in…

14-5-303. IF RECORDS SHOW MULTIPLE ADDRESSES OF APPARENT OWNER. (1) Except as provided in subsection (2) of this section, if records of a holder reflect multiple addresses for an apparent owner and this state is the state of the most recently recorded address, this state may take…

14-5-304. HOLDER DOMICILED IN THIS STATE. (1) Except as provided in subsection (2) of this section or section 14-5-302 or 14-5-303, Idaho Code, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, i…

14-5-305. CUSTODY IF TRANSACTION TOOK PLACE IN THIS STATE. Except as provided in section 14-5-302, 14-5-303, or 14-5-304, Idaho Code, the administrator may take custody of property presumed abandoned whether located in this state or another state if the transaction out of which t…

14-5-306. TRAVELER'S CHECK, MONEY ORDER, OR SIMILAR INSTRUMENT. The administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. 2501 through 2503.

14-5-401. REPORT REQUIRED BY HOLDER. (1) A holder of property presumed abandoned and subject to the custody of the administrator shall report such property in a record to the administrator. The administrator may not require a holder to file a paper report and may prescribe the fo…

14-5-402. CONTENT OF REPORT. (1) The report required under section 14-5-401, Idaho Code, must: (a) Be signed by or on behalf of the holder and verified as to its completeness and accuracy; (b) If filed electronically, be in a secure format approved by the administrator that prote…

14-5-403. WHEN REPORT TO BE FILED. (1) The report required by section 14-5-401, Idaho Code, must be filed before November 1 of each year and cover the twelve (12) months preceding July 1 of that year. (2) Before the date for filing the report required by section 14-5-401, Idaho C…

14-5-404. RETENTION OF RECORDS BY HOLDER. A holder required to file a report under section 14-5-401, Idaho Code, shall retain records for ten (10) years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period …