Administrative Rules of Montana
Department 42 - REVENUE
Chapter 42.38 - ABANDONED PROPERTY
Subchapter 42.38.2 - Disposition of Abandoned Property
Rule 42.38.305 - CLAIMS FOR RECOVERY OF PROPERTY DELIVERED TO STATE
Universal Citation: MT Admin Rules 42.38.305
Current through Register Vol. 18, September 20, 2024
(1) The owner of property which has been delivered to the Department of Revenue as abandoned property must claim the property or the proceeds of the property on forms supplied by the department.
(a) No claim may be filed for property with a
value of less than $50 unless the holder has specifically identified the owner
of the property to the department, and the holder has done so since the
implementation of the department's new abandoned property computerized tracking
system in June 2007.
(2) General claim requirements are as follows:
(a) Submission of a claim and request for
return of property in the possession of the department must be on a form
prescribed by the department and bearing the notarized signature of the owner,
if required by the department.
(b)
The department may require production of originals or copies of driver's
license, social security card, voter registration card, or any other documents
needed to verify a claimant's identity and signature.
(c) A claim received from an owner of
property held by the department shall have first payment priority over any
other claim, unless:
(i) the other claim is
supported by a court ordered judgment against the owner; or
(ii) a bond or other indemnified claim is
received from the former holder of the property.
(3) Specific claim requirements are as follows:
(a) In the course of
verifying a claim, the department is authorized to require reproduction of any
of the following:
(i) a properly completed
claim form prescribed by the department, bearing the notarized signature of the
claimant;
(ii) original negotiable
instrument;
(iii) a stock
certificate;
(iv) check;
(v) money orders;
(vi) certificate of deposit; and
(vii) cashier's check.
(b) Originals or photocopies of any of the
following documents to substantiate the right to claim property:
(i) death certificate;
(ii) birth certificate;
(iii) marriage license of claimant or
decedent;
(iv) complete last will
and testament or letter from the Clerk of District Court stating there is no
will or probate record on file;
(v)
insurance policy;
(vi) document
establishing trust;
(vii) power of
attorney;
(viii) indemnity
bond;
(ix) articles of
incorporation;
(x) final account of
decree of distribution;
(xi) valid
driver's license;
(xii) social
security card;
(xiii) voter
registration card;
(xiv) court
document showing appointment as personal representative, executor, executrix,
conservator, etc.;
(xv) affidavit
of authority to receive and disburse funds for the company;
(xvi) affidavit for collection of personal
property of decedent;
(xvii) proof
of federal identification number;
(xviii) proof of address;
(xix) disposition of stock; and
(xx) decedent's family history.
(4) The department may require any other documents as provided in (3) to verify the claim.
70-9-828, MCA; IMP, 70-9-815, 70-9-825, MCA;
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