Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
A. After property has been paid or delivered to the department pursuant to this chapter, another state may recover the property if any of the following applies:
1. The property was paid or delivered to the custody of this state because the records of the holder did not indicate a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person who is entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.
2. The property was paid or delivered to the custody of this state because at the time of the payment or delivery the laws of the other state did not provide for the escheat or custodial taking of the property, but after the payment or delivery the other state enacts laws that cause the property to escheat or become subject to a claim of abandonment by that state.
3. The records of the holder did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.
4. The property was subjected to custody by this state pursuant to § 44-304, paragraph 6 and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state.
5. The property is a sum that is payable on a traveler's check, money order or similar instrument that was purchased in the other state and delivered to the custody of this state pursuant to § 44-304, paragraph 7 and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.
B. In order to file a claim to recover escheated or abandoned property, another state shall present the claim in a form prescribed by the department. The department shall decide the claim within ninety days after the claim is presented. The department shall allow the claim on determining that the other state is entitled to the abandoned property pursuant to subsection A of this section.
C. Before recovering property under this section, the department shall require the other state to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 44. Trade and Commerce § 44-316. Claim of another state to recover property - last updated January 01, 2025 | https://codes.findlaw.com/az/title-44-trade-and-commerce/az-rev-st-sect-44-316/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)