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Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 1145. Retention of records by holder

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) A holder required to file a report under § 1142 of this title shall retain records for 10 years after the date the report was filed, unless a shorter period is provided by the State Escheator by rule or regulation.

(b) A holder who has received a notice of an examination under this chapter or has submitted a written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title shall retain, until the conclusion of the examination, voluntary disclosure agreement review process, or any related appeal or litigation, records to the present day for 10 years plus the applicable dormancy period under § 1133 of this title before the earliest of the following:

(1) The State Escheator's delivery of a notice of an examination to a holder under this chapter.

(2) The Secretary of State's delivery of notice that the person may enter into an unclaimed property voluntary disclosure agreement under § 1172(a) of this title.

(3) The holder's written election to enter into an unclaimed property voluntary disclosure agreement under § 1173 of this title.

(c) A holder may satisfy the requirement to retain records under this section through an agent.

(d) The records retained must contain all of the following:

(1) The verifiable information required to be included in the report.

(2) The date, place, and nature of the circumstances that gave rise to the property right.

(3) The amount or value of the property.

(4) The last address of the owner, if known to the holder.

(5) If the holder sells, issues, or provides to others for sale or issue in this State traveler's checks or money orders, a record of the instruments while they remain outstanding indicating the state and date of issue.

(6) Sufficient records of items that were not reported as unclaimed, to allow review to determine whether the holder has complied with this chapter.

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Cite this article: FindLaw.com - Delaware Code Title 12. Decedents' Estates and Fiduciary Relations § 1145. Retention of records by holder - last updated January 01, 2026 | https://codes.findlaw.com/de/title-12-decedents-estates-and-fiduciary-relations/de-code-sect-12-1145/

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