Rules for Taking Custody of Property Presumed Abandoned

Utah Code tit. 67, ch. 67-4a, pt. 67-4a-P3

in effect

Utah Code § 67-4a-301 Address of apparent owner to establish priority.

67-4a-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 description, code, or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner; (2) if the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is considered to be the state of the last known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state; (3) if the address under Subsection (2) is in another state, the other state is considered to be the state of the last-known address of the apparent owner; and (4) the address of the apparent owner of a life or endowment insurance policy or annuity contract or the policy's or contract's proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under Section 67-4a-302. Repealed and Re-enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-302 Address of apparent owner in this state.

67-4a-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 this state; or (2) the records of the holder do not reflect the identity or last known address of the apparent owner, but the administrator has determined that the last known address of the apparent owner is in this state. Repealed and Re-enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-303 If records show multiple addresses of apparent owner.

67-4a-303. If records show multiple addresses of apparent owner. (1) Except as in Subsection (2), 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 custody of property presumed abandoned, whether located in this state or another state. (2) If it appears from records of the holder that the most recently recorded address of the apparent owner under Subsection (1) is a temporary address and this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of the property presumed abandoned. Repealed and Re-enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-304 Holder domiciled in this state.

67-4a-304. Holder domiciled in this state. (1) Except as in Subsection (2) or Section 67-4a-302 or 67-4a-303, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state or is this state or a governmental subdivision, agency, or instrumentality of this state, and: (a) another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or (b) the state or foreign country of the last known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property. (2) Property is not subject to custody of the administrator under Subsection (1) if the property is specifically exempt from custodial taking under the law of this state or the state or foreign country of the last known address of the apparent owner. (3) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is considered to be the state where the holder was domiciled at the time the property was presumed abandoned. Enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-305 Custody if transaction took place in this state.

67-4a-305. Custody if transaction took place in this state. Except as in Section 67-4a-302, 67-4a-303, or 67-4a-304, the administrator may take custody of property presumed abandoned whether located in this state or another state if: (1) the transaction out of which the property arose took place in this state; (2) the holder is domiciled in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the administrator; and (3) the last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last known address, the property is not subject to the custody of the administrator. Enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-306 Traveler's check, money order, or similar instrument.

67-4a-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. Secs. 2501 through 2503. Enacted by Chapter 371, 2017 General Session

Utah Code § 67-4a-307 Burden of proof to establish administrator's right to custody.

67-4a-307. Burden of proof to establish administrator's right to custody. Subject to Part 4, Report by Holder, if the administrator asserts a right to custody of unclaimed property and there is a dispute concerning such property, the administrator has the initial burden to prove: (1) the existence and amount of the property; (2) the property is presumed abandoned; and (3) the property is subject to the custody of the administrator. Enacted by Chapter 371, 2017 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title67/Chapter4A/67-4a-P3.html?v=C67-4a-P3_2017050920170509Fetched: 10/26/2026