Or. Admin. Code § 170-140-0105

Current through Register Vol. 63, No. 10, October 1, 2024

Section 170-140-0105 - Required Attachments to Property to Property Claim Form

The Claimant must provide all the documents or other records required under this rule as attachments to the Property Claim Form or uploaded through the online Unclaimed Property Portal.

(1)Original Owner. If the Claimant is the original Owner, the Claimant must provide:

(a) The Claimant's current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver's license);

(b) Proof of current mailing address; and

(c) Sufficient evidence to establish the Owner's legal entitlement to Property.

(2)Successor of Original Owner. If the Claimant is a Successor of the original Owner, the Claimant must provide the Claimant's current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver's license), proof of current mailing address, and sufficient evidence to establish:

(a) The original Owner's legal entitlement to the claimed Property; and

(b) Sufficient evidence to establish the Claimant's legal entitlement to the claimed Property as a Successor.

(3)Heirs. If the Claimant is an heir of a Decedent, the Claimant must provide:

(a) When the value of the Property is $1,000.00 or more, but not more than $10,000:

(A) an Affidavit in Lieu of Probate: or

(B) Evidence of probate or the filing of probate under ORS chapters 111, and 113 - 117.

(b) When the value of the Property is more than $10,000.00, evidence of probate or the filing of probate under ORS chapters 111, and 113 - 117.

(4)Creditor. If the Claimant is a creditor of a Property Owner, the Claimant must provide:

(a) A valid Writ of Garnishment; and

(b) Any other evidence sufficient to establish the Claimant is legally entitled to the claimed Property.

(5)Purchaser of a Negotiable Instrument. If a Claimant purchased a negotiable instrument (e.g., cashier's check, money order, certified check, traveler's check), from the Owner (i.e., the payee), the Claimant must provide:

(a) the Claimant's current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver's license);

(b) Proof of current mailing address; and

(c) The negotiable instrument, lost instrument bond if required by the Treasurer, or evidence of payment satisfying the obligation to the payee.

(6)Claim for Securities. If the Claimant is claiming securities, the Claimant must provide:

(a) the Claimant's current photo identification or other evidence to prove the identity of the Claimant (e.g., Driver's license);

(b) Proof of current mailing address;

(c) The original security certificate, or lost instrument bond if required by the Treasurer; and

(d) The Owner's social security number as provided by the United States Security and Exchange Commission under 17 CFR § 240.17a-3.

Or. Admin. Code § 170-140-0105

OST 2-2021, adopt filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 98.422 & ORS 178.050

Statutes/Other Implemented: ORS 98.932