2017 Illinois Compiled Statutes
Chapter 765 - PROPERTY
765 ILCS 1026/ - Revised Uniform Unclaimed Property Act.
Article 3 - Rules for Taking Custody of Property Presumed Abandoned



(765 ILCS 1026/Art. 3 heading)

ARTICLE 3. RULES FOR TAKING CUSTODY OF PROPERTY PRESUMED ABANDONED
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-301)
Sec. 15-301. Address of apparent owner to establish priority. In this Article, the following rules apply:
(1) The last-known address of an apparent owner is

any description, code, or other indication of the location of the apparent owner which identifies the state, even if the description, code, or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner.

(2) If the United States postal zip code associated

with the apparent owner is for a post office located in this State, this State is deemed to be the state of the last-known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state.

(3) If the address under paragraph (2) is in another

state, the other state is deemed to be the state of the last-known address of the apparent owner.

(4) The address of the apparent owner of a life or

endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under Section 15-302. The address of the apparent owner of other property where ownership vests in a beneficiary upon the death of the owner is presumed to be the address of the now-deceased owner if the address of the beneficiary is not known by the holder and cannot be determined under Section 15-302.

(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-302)
Sec. 15-302. Address of apparent owner in this State. The administrator may take custody of property that is presumed abandoned, whether located in this State, another state, or a foreign country if:
(1) the last-known address of the apparent owner in

the records of the holder is in this State; or

(2) the records of the holder do not reflect the

identity or last-known address of the apparent owner, but the administrator has determined that the last-known address of the apparent owner is in this State.

(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-303)
Sec. 15-303. If records show multiple addresses of apparent owner.
(a) Except as in subsection (b), if records of a holder reflect multiple addresses for an apparent owner and this State is the state of the most recently recorded address, this State may take custody of property presumed abandoned, whether located in this State or another state.
(b) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (a) is a temporary address and this State is the state of the next most recently recorded address that is not a temporary address, this State may take custody of the property presumed abandoned.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-304)
Sec. 15-304. Holder domiciled in this State.
(a) Except as in subsection (b) or Section 15-302 or 15-303, the administrator may take custody of property presumed abandoned, whether located in this State, another state, or a foreign country, if the holder is domiciled in this State or is this State or a governmental subdivision, agency, or instrumentality of this State, and
(1) another state or foreign country is not entitled

to the property because there is no last-known address of the apparent owner or other person entitled to the property in the records of the holder; or

(2) the state or foreign country of the last-known

address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property.

(b) Property is not subject to custody of the administrator under subsection (a) if the property is specifically exempt from custodial taking under the law of this State or the state or foreign country of the last-known address of the apparent owner.
(c) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile under this Section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-305)
Sec. 15-305. Custody if transaction took place in this State. Except as in Section 15-302, 15-303, or 15-304, the administrator may take custody of property presumed abandoned whether located in this State or another state if:
(1) the transaction out of which the property arose

took place in this State;

(2) the holder is domiciled in a state that does not

provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the administrator; and

(3) the last-known address of the apparent owner or

other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last-known address, the property is not subject to the custody of the administrator.

(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-306)
Sec. 15-306. Traveler's check, money order, or similar instrument. The administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. Sections 2501 through 2503, as amended.
(Source: P.A. 100-22, eff. 1-1-18.)


(765 ILCS 1026/15-307)
Sec. 15-307. Burden of proof to establish administrator's right to custody. Subject to Article 4 and Section 15-1005, if the administrator asserts a right to custody of unclaimed property and there is a dispute concerning such property, the administrator has the initial burden to prove:
(1) the amount of the property;
(2) the property is presumed abandoned; and
(3) the property is subject to the custody of the

administrator.

(Source: P.A. 100-22, eff. 1-1-18.)


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