CHAPTER 471-C CUSTODY AND ESCHEAT OF UNCLAIMED AND ABANDONED PROPERTY
Section 471-C:26
471-C:26 Filing of Claim With Administrator. –
I. (a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with the administrator a claim on a form prescribed by the administrator and verified by the claimant.
(b) A person claiming an abandoned utility deposit or any other abandoned property under the provisions of RSA 471-C:8 that was not deposited with the administrator pursuant to RSA 471-C:8, II or IV, may file a claim on a form prescribed by the administrator and verified by the claimant. Any claim paid by the administrator under this paragraph, shall be reimbursable by the utility company which originally reported the property as abandoned.
(c) If the administrator holds unclaimed property in the name of a deceased owner, the administrator may consider claims to the property as follows:
(1) In the case of an open estate, by the administrator or executor appointed by the probate court.
(2) Except as provided in subparagraphs (5)-(7), in the case of a closed estate where the unclaimed property is valued at less than $10,000 and does not include securities in share form, in accordance with the final distribution of assets as approved by the probate court.
(3) Except as provided in subparagraphs (5)-(7), in the absence of an open estate or probate court decree of final distribution, and the unclaimed property is valued at less than $10,000 and does not include securities in share form, by the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin in accordance with the provisions of RSA 561:1.
(4) In all other instances where the administrator holds property in the name of a deceased owner, a probate estate shall be opened, in an appropriate jurisdiction by the claimant, or other interested party, in order to determine the appropriate distribution of the unclaimed property under the law.
(5) Before distributing any unclaimed property pursuant to subparagraphs (2) and (3), the administrator shall first ensure that the department of health and human services does not have a claim for medical and or financial assistance paid on behalf of the deceased owner.
(6) In the event that the department of health and human services has a claim for medical and or financial assistance paid on behalf of the deceased owner, the department may submit a claim for such assistance using an affidavit developed by the administrator that ensures that:
(A) No individual has moved to probate the deceased owner's estate through which the department could assert its claim or probate administration for the deceased owner had been open and no individual has moved to reopen the estate through which the department could assert its claim;
(B) The department does not believe, based on the information available to it, there are known expenses for the deceased owner's necessary funeral and burial; and
(C) Based on all facts known to the department, its recovery of this abandoned property is not limited by the prohibitions to recovery as set forth in 42 U.S.C. section 1396p and RSA 167:16-a, IV.
(7) If the department of health and human services has made a claim against a deceased owner's unclaimed property as provided in subparagraph (6), under no circumstances shall the administrator distribute to the department more than the claimed amount.
II. The administrator shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.
III. If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if it has been sold by the administrator, together with any additional amount required by RSA 471-C:23.
IV. [Repealed.]
Source. 1986, 204:1. 1990, 105:11, 16, IV. 1994, 213:3. 1995, 84:9. 2004, 132:5. 2008, 120:31. 2010, Sp. Sess., 1:3, 4, eff. June 10, 2010. 2021, 19:5, eff. July 5, 2021; 122:65, eff. July 1, 2021.