Delaware Laws - Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 11. ESCHEATS
Subchapter II. Abandoned or Unclaimed Property

Sec. 1146. Claims for abandoned property paid to the State; procedure for determination of claims; appeals. (1133)(1-click HTML)

(a) Claim may be filed with the State Escheator for any abandoned property amounting to over $3 paid to the State Escheator pursuant to this subchapter. (1134)

(b) The State Escheator shall possess full and complete authority to determine all such claims and shall forthwith send written notice of such determination to the claimant. At any time within 4 months thereafter such claimant may apply for a hearing and determination of claim by the Tax Appeal Board. The procedure before the Tax Appeal Board for such hearings shall be the same as that provided for by Sec. 329 of Title 30 and the Board shall have the same power to compel the attendance of witnesses and the production of evidence as is provided in Sec. 330 of Title 30. (1135)

(c) Within 30 days after notice of a decision upon such hearing, the State Escheator or any claimant may appeal such decision to the Court of Chancery upon notice to all parties to the proceeding before the Tax Appeal Board and upon such other notice as the Court of Chancery may order. (1136)

(d) The Court of Chancery may make such rules as it may deem proper for the perfection, hearing and determination of such appeals. (1137)

(12 Del. C. 1953, Sec. 1146; 50 Del. Laws, c. 507, Sec. 1; 57 Del. Laws, c. 718, Sec. 18; 57 Del. Laws, c. 741, Sec. 48C; 70 Del. Laws, c. 186, Sec. 1.) (1138)

  

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