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, 2024 | Updated by Findlaw Staff
1. Subject to section 47-30.2-12, property held in a pension account or retirement account that qualifies for tax deferral or tax exemption under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the later of:
a. The following dates:
(1) Except as in paragraph 2, the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service; or
(2) If the second communication is sent later than thirty days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or
b. The earlier of the following dates:
(1) The date the apparent owner becomes seventy-two years of age, if determinable by the holder; or
(2) If the Internal Revenue Code, as amended, [26 U.S.C. 1 et seq.] or title 57, requires distribution to avoid a tax penalty, two years after the date the holder:
(a) Receives confirmation of the death of the apparent owner in the ordinary course of its business; or
(b) Confirms the death of the apparent owner under subsection 2.
2. If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision b of subsection 1 applies, the holder shall attempt not later than ninety days after receipt of the notice or indication to confirm whether the apparent owner is deceased.
3. If the holder does not send communications to the apparent owner of an account described in subsection 1 by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic-mail communication not later than two years after the apparent owner's last indication of interest in the property. However, the holder promptly shall attempt to contact the apparent owner by first-class United States mail if:
a. The holder does not have information needed to send the apparent owner an electronic-mail communication;
b. The holder receives notification that the electronic-mail communication was not received; or
c. The apparent owner does not respond to the electronic-mail communication not later than thirty days after the communication was sent.
4. If first-class United States mail sent under subsection 3 is returned to the holder undelivered by the United States postal service, the property is presumed abandoned three years after the later of:
a. Except as in subdivision b, the date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered;
b. If the second communication is sent later than thirty days after the date the first communication is returned undelivered, the date the first communication was returned undelivered; or
c. The date established by subdivision b of subsection 1.
Cite this article: FindLaw.com - North Dakota Century Code Title 47. Property § 47-30.2-05. When tax-deferred or tax-exempt retirement account presumed abandoned - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-30-2-05/
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)