Del. Code tit. 12 § 1133

Current through 2024 Legislative Session Act Chapter 531
Section 1133 - When property presumed abandoned

Subject to § 1136 of this title, property is presumed abandoned if it is unclaimed by the owner at the time specified for the following property:

(1) A traveler's check, 15 years after issuance.
(2) A money order, 5 years after issuance.
(3) A bearer bond or an original-issue-discount bond, 3 years after the earliest of the date the bond matures or is called or the obligation to pay the principal of the bond arises.
(4) Interest on debt of a business association, 5 years after the obligation to pay arises.
(5) A demand, savings, or time deposit, including a deposit that is automatically renewable, 5 years after the earlier of maturity or the date of the last indication of interest in the property by the owner, except a deposit that is automatically renewable is deemed matured on its initial date of maturity unless the owner consented in a record on file with the holder to a renewal at or about the time of the renewal.
(6) Money or credits owed to a customer as a result of a retail business transaction, 5 years after the obligation arose.
(7)
a. An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, upon one of the following:
1. Five years after knowledge of death of the insured.
2. One year after the date the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based in the case of a policy or annuity payable upon death where the obligation to pay did not arise under paragraph (7)a.1. of this section.
b. For purposes of this paragraph (7) of this section:
1. "Knowledge of death" means either of the following:
A. Receipt of an original or valid copy of a certified death certificate.
B. A death master file match validated by the insurer based on a good faith effort within 90 days of notice of the death master file match.
2. "Death master file" means the United States Social Security Administration's Death Master File or other database or service that is at least as comprehensive as that file for determining that a person has died.
(8) Property distributable by a business association in the course of dissolution, 5 years after the property becomes distributable.
(9) Property held by a court, including property received as proceeds of a class action, 5 years after the property becomes distributable.
(10) Property held by a government or governmental subdivision, agency, or instrumentality, including state and municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, 3 years after the property becomes distributable.
(11) Wages, including commissions, bonuses, or reimbursements to which an employee is entitled, or other compensation for personal services, 5 years after the amount becomes payable.
(12) A deposit or refund owed to a subscriber by a utility, 5 years after the deposit or refund becomes payable.
(13) A security 3 years after the last indication of interest in the property.
(14) A stored-value card or gift card, 5 years after the later of the date of purchase, the addition of funds to the stored-value card or gift card, a verification of the balance by the owner, or the last indication of interest in the property. For a stored-value card or gift card, the amount unclaimed is the amount representing the maximum cost to the issuer of the merchandise, goods, or services represented by the card.
(15) Property in an individual retirement account that is qualified for tax deferral under the income tax laws of the United States:
a. For an owner for which the holder has no knowledge of death, 3 years after the owner's last indication of interest in the account following the date specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty.
b. For an owner for which the holder has knowledge of death that has been confirmed by the holder in its ordinary course of business, one year following the date specified in the income tax laws of the United States by which distribution of the property following the death of the owner must begin in order to avoid a tax penalty, unless a beneficiary of the account has indicated an interest in the account within the most recent 12 month period.
c. For purposes of this section, "knowledge of the death" is as described in § 1137 of this title.
(16) Sums held for the payment of outstanding pari-mutuel tickets from the meet, 1 year following the last day of the meet.
(17 ) Virtual currency, 5 years after the owner's last indication of interest in the property.
(18) All other property not specified in this section or § 1134 of this title, the earlier of 5 years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.

12 Del. C. § 1133

Amended by Laws 2021, ch. 59,s 2, eff. 8/1/2021.
Added by Laws 2017, ch. 1,s 2, eff. 2/2/2017.