Ala. Admin. Code r. 892-2-1-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 892-2-1-.08 - Claim Process

(1) The Treasurer's Office, in its sole discretion, shall determine if the Claimant has established his or her entitlement to the Abandoned Property by a preponderance of the evidence.

(2) The aggregate Abandoned Property value must not exceed $3,000 to be eligible to be claimed by an apparent heir of an intestate claim by affidavit.

(3) The aggregate Abandoned Property value must not exceed $300 to be eligible to be claimed by the Apparent Owner without proof of address.

(4) Payment to estates of decedents shall be made payable to the estate of the decedent/reported owner. Small estate claims may be payable to the Claimant if all required documentation is presented.

(5) A garnishment/levy proceeding against the State Treasury is barred by sovereign immunity. A garnishment is a suit against the state and a result favorable to plaintiff would directly affect a contract or property right of the state. No claims will be paid as a result of garnishment/levy proceedings.

Ala. Admin. Code r. 892-2-1-.08

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 04, January 30, 2015, eff. 2/3/2015.

Author: Ralph Ainsworth, Unclaimed Property Division, Office of State Treasurer

Statutory Authority:Code of Ala. 1975, § 35-12-20, et seq.