§ 36-8-15 — Filing claim with administrator; handling of claims by administrator

West Virginia § 36-8-15

• Jurisdiction: West Virginia
• Ch. 36: ESTATES AND PROPERTY
• Art. 8: UNIFORM UNCLAIMED PROPERTY ACT

Text

(a) A person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.

(b) Within 90 days after a claim is filed, the administrator shall allow or deny the claim and give written notice of the decision to the claimant. If the claim is denied, the administrator shall inform the claimant of the reasons for the denial and specify what additional evidence is required before the claim will be allowed. The claimant may then file a new claim with the administrator or maintain an action under section 16 of this article.

(c) Within 30 days after a claim is allowed, the property or the net proceeds of a sale of the property must be delivered or paid by the administrator to the claimant.

(d) The administrator may waive the requirement in subsection (a) and may pay or deliver property directly to a person who does not file a claim if:

(1) The person receiving the property or payment is shown to be the apparent owner included on a report filed pursuant to this act;

(2) The administrator reasonably believes the person is entitled to receive the property or payment; and

(3) The property has a value of less than $5,000.

Legislative History

2022 Reg. Sess., HB4511; 2006 Reg. Sess., SB285; 1997 Reg. Sess., SB125; 1966 Reg. Sess., HB205