Title XXXIV, Descent, Wills, and Administration of Decedents' Estates

hearing. Not later than one (1) year after filing a claim under KRS 393A.510(1), the claimant may request in writing an administrative hearing, to be conducted in accordance with KRS Chapter 13B.

If a person does not file a report required by KRS 393A.220 or the administrator believes that a person may have filed an inaccurate, incomplete, or false report, the administrator may require the person to file a verified report in a form prescribed by the administrator. The ver…

The administrator, at reasonable times and on reasonable notice, may: (1) Examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the …

(1) The administrator shall promulgate administrative regulations in accordance with KRS Chapter 13A governing procedures and standards for an examination under KRS 393A.560, including rules for use of an estimation, extrapolation, and statistical sampling in conducting an examin…

Records obtained and records, including work papers, compiled by the administrator in the course of conducting an examination under KRS 393A.560: (1) Shall be subject to the confidentiality and security provisions of KRS 393A.770 to 393A.830 and are not public records; (2) May be…

(1) A record of a putative holder showing an unpaid debt or undischarged obligation shall be prima facie evidence of the debt or obligation. (2) A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt o…

If a person subject to examination under KRS 393A.560 does not retain the records required by KRS 393A.250, the administrator may determine the value of property due using a reasonable method of estimation based on all information available to the administrator, including extrapo…

At the conclusion of an examination under KRS 393A.560, the administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies: (1) The work performed; (2) The property types reviewed; (3) The methodology of any estim…

examination. (1) If a person subject to examination under KRS 393A.560 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the administrator …

(1) As used in this section, "related to the administrator" means an individual who is: (a) The administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary; (b) The administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsi…

The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under KRS 393A.630 on or after July 14, 2018, shall not be employed by, contract with, or compensated in any capacity by the contractor or an affi…

If the administrator determines from an examination conducted under KRS 393A.560 that a putative holder failed or refused to pay or deliver to the administrator property which is reportable under this chapter, the administrator shall issue a determination of the putative holder's…

(1) Not later than thirty (30) days after receipt of a notice under KRS 393A.650, the putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee t…

A putative holder may seek relief from a determination under KRS 393A.650 by: (1) Administrative review under KRS 393A.680; or (2) Judicial review under KRS 393A.690.

(1) Not later than ninety (90) days after receiving notice of the administrator's determination under KRS 393A.650, a putative holder may initiate a proceeding under KRS Chapter 13B for review of the administrator's determination. (2) A final decision in an administrative proceed…

(1) Not later than ninety (90) days after receiving notice of the administrator's determination under KRS 393A.650, the putative holder may: (a) File an action against the administrator in the appropriate court challenging the administrator's determination of liability and seekin…

(1) If a determination under KRS 393A.650 becomes final and not subject to administrative or judicial review, the administrator may commence an action in the court or in an appropriate court of another state to enforce the determination and secure payment or delivery of past due,…

(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 property presumed abandoned; and (b) Authorize in a record another…

(1) The administrator may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder. (2) On request of another state or foreign country, the Attorney General may commence an action on behalf of the other state or country to en…

(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 the tax interest rate determined under KRS 131.183 on the property or value of the property from the date the property should have bee…

(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 holder to pay the administrator, in a…

The administrator: (1) May waive, in whole or in part, interest under KRS 393A.730(1) and penalties under KRS 393A.730(2) or 393A.740; and (2) Shall waive a penalty under KRS 393A.730(2) if the administrator determines that the holder acted in good faith and without negligence.

administrator. (1) An apparent owner that contracts with another person to locate, deliver, recover, or assist in the location, delivery, or recovery of property of the apparent owner which is held by the administrator may designate the person as the agent of the apparent owner. …

(1) As used in KRS 393A.770 to 393A.830, "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: 1. Social Security number or other government-issued numbe…

(1) Except as otherwise provided in this chapter, the following are confidential and exempt from public inspection or disclosure: (a) Records of the administrator and the administrator's agent related to the administration of this chapter; (b) Reports and records of a holder in t…

(1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator's agent only to: (a) An apparent owner or the apparent owner's personal representative, a…

A person to be examined under KRS 393A.560 may require, as a condition of disclosure of the records of the person to be examined, that each person having access to the records disclosed in the examination execute and deliver to the person to be examined a confidentiality agreemen…

Except as otherwise provided in KRS 393A.270 and 393A.280, a holder shall not be required under this chapter to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.

(1) If a holder is required to include confidential information in a report to the administrator, the information shall be provided by a secure means. (2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as requir…

(1) Except to the extent prohibited by law other than this chapter, the administrator or administrator's agent shall notify a holder as soon as practicable of: (a) A suspected loss, misuse or unauthorized access, disclosure, modification, or destruction of confidential informatio…

In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Unclaimed Property Act.

This chapter modifies, limits, or supersedes 15 U.S.C. secs. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. sec. 7003(b).

(1) An initial report filed under this chapter for property that was not required to be reported before July 14, 2018, but that is required to be reported under this chapter, shall include all items of property that would have been presumed abandoned during the ten (10) year peri…