One Click Case Law for § 44-12-194
O.C.G.A. § 44-12-193 <-- --> O.C.G.A. §44-12-195

2010 Georgia Code

TITLE 44 - PROPERTY

CHAPTER 12 - RIGHTS IN PERSONALTY
ARTICLE 5 - DISPOSITION OF UNCLAIMED PROPERTY
§ 44-12-194 - Conditions under which intangible property subject to custody of state as unclaimed property

O.C.G.A. 44-12-194 (2010)
LexisNexis Practice Insights

1. An Argument in Support of the Third Priority Rule for Unclaimed Property

2. A Fresh Look at State Jurisdiction to Escheat

44-12-194. Conditions under which intangible property subject to custody of state as unclaimed property


Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section 44-12-193 are satisfied and:

(1) The last known address, as shown on the records of the holder, of the apparent owner is in this state;

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;

(3) The records of the holder do not reflect the last known address of the apparent owner, and it is established that:

(A) The last known address of the person entitled to the property is in this state; or

(B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;

(4) The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;

(5) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or

(6) The transaction out of which the property arose occurred in this state and:

(A) The last known address of the apparent owner or other person entitled to the property is unknown; or

(B) The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and

(C) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.