§ 15-201 — When property presumed abandoned

Illinois § 15-201

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 765: PROPERTY
• Act 765 ILCS 1026/: Revised Uniform Unclaimed Property Act.
• Art.: Title 15 - Revised Uniform Unclaimed Property Act

Text

Subject to Section 15-210, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified below: (1) a traveler's check, 15 years after issuance; (2) a money order, 5 years after issuance; (3) any instrument on which a financial organization or business association is directly liable, other than a money order, 3 years after issuance; (4) a corporate bond, bearer bond, or 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; (5) a debt of a business association, 3 years after the obligation to pay arises; (6) financial organization deposits as follows: (i) a demand deposit, 3 years after the date of the last indication of interest in the property by the apparent owner; (ii) a savings deposit, 3 years after the date of last indication of interest in the property by the apparent owner; (iii) a time deposit for which the owner has not consented to automatic renewal of the time deposit, 3 years after the later of maturity or the date of the last indication of interest in the property by the apparent owner; (iv) an automatically renewable time deposit for which the owner consented to the automatic renewal in a record on file with the holder, 3 years after the date of last indication of interest in the property by the apparent owner, following the completion of the initial term of the time deposit and one automatic renewal term of the time deposit; (6.5) virtual currency, 5 years after the last indication of interest in the property; (7) money or a credit owed to a customer as a result of a retail business transaction, other than in-store credit for returned merchandise, 3 years after the obligation arose; (8) an amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, 3 years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of the death of the insured or annuitant, as follows: (A) with respect to an amount owed on a life or endowment insurance policy, the earlier of: (i) 3 years after the death of the insured; or (ii) 2 years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy is based; and (B) with respect to an amount owed on an annuity contract, 3 years after the death of the annuitant. (9) funds on deposit or held in trust pursuant to the Illinois Funeral or Burial Funds Act, the earliest of: (A) 2 years after the date of death of the beneficiary; (B) one year after the date the beneficiary has attained, or would have attained if living, the age of 105 where the holder does not know whether the beneficiary is deceased; (C) 40 years after the contract for prepayment was executed, unless the apparent owner has indicated an interest in the property more than 40 years after the contract for prepayment was executed, in which case, 3 years after the last indication of interest in the property by the apparent owner; (10) property distributable by a business association in the course of bankruptcy or dissolution or distributions from the termination of a retirement plan, one year after the property becomes distributable; (11) property held by a court, including property received as proceeds of a class action, 3 years after the property becomes distributable; (12) property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, 3 years after the property becomes distributable; (12.5) amounts payable pursuant to Section 20-175 of the Property Tax Code, 3 years after the property becomes payable; (13) wages, commissions, bonuses, or reimbursements to which an employee is entitled, or other compensation for personal services, including amounts held on a payroll card, one year after the amount becomes payable; (14) a deposit or refund owed to a subscriber by a utility, one year after the deposit or refund becomes payable, except that any capital credits or patronage capital retired, returned, refunded or tendered to a member of an electric cooperative, as defined in Section 3.4 of the Electric Supplier Act, or a telephone or telecommunications cooperative, as defined in Section 13-212 of the Public Utilities Act, that has remained unclaimed by the person appearing on the records of the entitled cooperative for more than 2 years, shall not be subject to, or governed by, any other provisions of this Act, but rather shall be used by the cooperative for the benefit of the general membership of the cooperative; and (15) property not specified in this Section or Sections 15-202 through 15-208, the earlier of 3 years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises. Notwithstanding anything to the contrary in this Section 15-201, and subject to Section 15-210, a deceased owner cannot indicate interest in his or her property. If the owner is deceased and the abandonment period for the owner's property specified in this Section 15-201 is greater than 2 years, then the property, other than an amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, shall instead be presumed abandoned 2 years from the date of the owner's last indication of interest in the property.

Legislative History

(Source: P.A. 102-288, eff. 8-6-21; 103-148, eff. 6-30-23; 103-977, eff. 1-1-25 .)