Kansas Statutes
Article 39 - Disposition Of Unclaimed Property Act
58-3957 Filing of claim with administrator.

58-3957. Filing of claim with administrator. (a) (1) 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.
(2) The department of health and environment may claim an interest in any property paid or delivered to the administrator if the deceased owner of such property received medical assistance under K.S.A. 39-709, and amendments thereto, except that such claim shall not exceed the amount of medical assistance received by the deceased owner.
(3) The administrator may hold a hearing on the claim in accordance with the provisions of the Kansas administrative procedure act. The decision resulting from any hearing shall be a public record.
(b) 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.
(c) 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 K.S.A. 58-3954, and amendments thereto. Interest reported under the previous disposition of unclaimed property act shall not be computed, paid or delivered to the claimant after enactment of this act. If the claim is for property presumed abandoned under K.S.A. 58-3943, and amendments thereto, which was sold by the administrator within three years after the date of delivery, the amount payable for that claim is the value of the property at the time the claim was made or the net proceeds of sale, whichever is greater.
(d) Any holder who pays the owner for property that has been delivered to the state and which, if claimed from the administrator, would be subject to subsection (c) shall add any additional amount as provided in K.S.A. 58-3954, and amendments thereto. The additional amount shall be repaid to the holder by the administrator in the same manner as the principal.
History: L. 1994, ch. 8, § 24; L. 2013, ch. 112, § 24; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 58 - Personal And Real Property

Article 39 - Disposition Of Unclaimed Property Act

58-3934 Definitions.

58-3935 Property presumed abandoned; when; general rule.

58-3936 General rules for taking custody of intangible unclaimed property.

58-3938 Burden of proof as to property evidenced by record of check or draft.

58-3943 Stock and other intangible interests in business associations.

58-3949 Contents of safe deposit box or other safekeeping repository.

58-3950 Report of abandoned property.

58-3951 Advertising of unclaimed property; information required.

58-3952 Payment or delivery of abandoned property.

58-3953 Custody of state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe deposit box or repository charges.

58-3954 Crediting of dividends, interest, or increments to owner's account.

58-3955 Public sale of abandoned property; exceptions.

58-3956 Deposit of funds.

58-3957 Filing of claim with administrator.

58-3958 Claim of another state to recover property; procedure.

58-3959 Action to establish claim.

58-3960 Election to take property or delivery.

58-3961 Destruction or disposition of property having insubstantial commercial value; immunity from liability.

58-3962 Periods of limitation.

58-3963 Requests for reports and examination of records.

58-3964 Retention of records.

58-3965 Enforcement.

58-3966 Interstate agreements and cooperation; joint and reciprocal actions with other states.

58-3967 Interest and penalties.

58-3968 Agreement to locate reported property.

58-3969 Foreign transactions.

58-3970 Effect of new provisions; clarification of application.

58-3971 Rules and regulations.

58-3972 Severability.

58-3973 Uniformity of application and construction.

58-3974 Act not applicable in certain instances.

58-3975 Application to certain intangible property originating or issued in Kansas.

58-3976 Government agency cooperation.

58-3977 Unclaimed mineral proceeds trust fund; transfers from and to state general fund; annual accounting report.

58-3978 Approval of expenditures from unclaimed property claims fund, unclaimed property expense fund and unclaimed mineral proceeds trust fund; transfer of assets and liabilities of prior funds.

58-3979 United States savings bonds; unclaimed property; escheat; procedure.

58-3980 United States savings bonds; claim for such bonds.