Delaware Code
Subchapter II. Unclaimed Property
§ 1155. State Escheator's options as to custody.

(a) The State Escheator may decline to take custody of property reported under § 1142 of this title if the State Escheator determines 1 of the following:

(1) The property has a value less than the estimated expenses of notice and sale of the property.
(2) Taking custody of the property would be unlawful.
(b) A holder may pay or deliver property to the State Escheator before the property is presumed abandoned under this chapter if the holder does all of the following:

(1) Sends the owner of the property the notice required by § 1148 of this title and conforming to § 1149 of this title.
(2) Provides to the State Escheator evidence of the holder's compliance with paragraph (b)(1) of this section.
(3) Includes with the payment or delivery a report regarding the property conforming to § 1142 of this title.
(4) First obtains the State Escheator's consent in a record to accept payment or delivery.
(c) A holder's request for the State Escheator's consent under paragraph (b)(4) of this section must be in a record. If the State Escheator fails to respond to the request not later than 90 days after receipt of the request, the State Escheator is deemed to consent to the payment or delivery of the property and the payment or delivery is considered to have been made in good faith, as defined in § 1153(d) of this title.
(d) On payment or delivery of property under subsection (b) of this section, the property is presumed abandoned.

Structure Delaware Code

Delaware Code

Title 12 - Decedents' Estates and Fiduciary Relations

Chapter 11. ESCHEATS

Subchapter II. Unclaimed Property

§ 1130. Definitions.

§ 1131. Inapplicability to wholly foreign transaction.

§ 1132. Rule-making.

§ 1133. When property presumed abandoned.

§ 1134. When contents of safe deposit box presumed abandoned.

§ 1135. When related property interest presumed abandoned.

§ 1136. Indication of owner interest in property.

§ 1137. Knowledge of death.

§ 1138. Retained asset account for insurance policy or annuity contract.

§ 1139. Address of owner to establish priority.

§ 1140. Address of owner in this State.

§ 1141. Holder domiciled in this State.

§ 1142. Report required by holder.

§ 1143. Content of report.

§ 1144. When report to be filed.

§ 1145. Retention of records by holder [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1146. When property reportable and payable or deliverable.

§ 1147. Limitation on assignment or transfer of liability.

§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1149. Contents of notice by holder.

§ 1150. Notice to owner by State Escheator [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1151. Cooperation among agencies to determine owner.

§ 1152. Payment or delivery of property to State Escheator.

§ 1153. Effect of payment or delivery of property to State Escheator.

§ 1154. Interest not to run after report of property and limitation on claims.

§ 1155. State Escheator's options as to custody.

§ § 1156. Periods of limitation.

§ 1157. No private escheat.

§ 1158. Public sale of property.

§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].

§ 1160. Recovery of securities or value by owner [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

§ 1161. Purchaser owns property after sale.

§ 1162. Military medals.

§ 1163. Deposit and disbursement of funds.

§ 1164. State Escheator to retain records of property.

§ 1165. Claim for property by person claiming to be owner.

§ 1166. When State Escheator must honor claim for property [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, § 12].

§ 1167. Claims and rights of appeal [For application of this section, see 83 Del. Laws, c. 59, § 25; and 83 Del. Laws, c. 346, §  12].

§ 1168. Payment by State Escheator.

§ 1169. Allowance of claim for property.

§ 1170. Request for report of property; compliance reviews.

§ 1171. Examination to determine compliance with chapter [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1172. Rules and procedures for conducting an examination [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1173. Voluntary property reporting outreach program.

§ 1174. Records obtained in examination or voluntary disclosure.

§ 1175. Evidence of debt or undischarged obligation.

§ 1176. Failure of person examined to retain records.

§ 1177. Report to person whose records were examined [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1178. State Escheator's contract with another to conduct compliance review and examination and limit on future employment.

§ 1179. Judicial review procedure; Court of Chancery jurisdiction [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1180. Judicial action to enforce liability.

§ 1181. Interstate agreement and cooperation.

§ 1182. Action involving another state.

§ 1183. Interest and penalties.

§ 1184. Other civil penalties.

§ 1185. Waiver of interest and penalty [For application of this section, see 83 Del. Laws, c. 59, § 25].

§ 1186. When agreement to locate property enforceable.

§ 1187. When agreement to locate property unenforceable.

§ 1188. Right of owner's agent to recover property held by State Escheator.

§ 1189. Confidentiality of records.

§ 1190. Severability.