NRS 120A.500
Presumption of abandonment.


1.

Except as otherwise provided in subsections 6 and 7, property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:

(a)

A traveler’s check, 15 years after issuance;

(b)

A money order, 7 years after issuance;

(c)

Any stock or other equity interest in a business association or financial organization, including a security entitlement under NRS 104.8101 to 104.8511, inclusive, 3 years after the earlier of the date of the most recent dividend, stock split or other distribution unclaimed by the apparent owner, or the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications or communications to the apparent owner;

(d)

Any debt of a business association or financial organization, other than a bearer bond or an original issue discount bond, 3 years after the date of the most recent interest payment unclaimed by the apparent owner;

(e)

A demand, savings or time deposit, including a deposit that is automatically renewable, 3 years after the earlier of maturity or the date of the last indication by the owner of interest in the property, but a deposit that is automatically renewable is deemed matured for purposes of this section upon its initial date of maturity, unless the owner has consented to a renewal at or about the time of the renewal and the consent is in writing or is evidenced by a memorandum or other record on file with the holder;

(f)

Except as otherwise provided in NRS 120A.520, any money or credits owed to a customer as a result of a retail business transaction, 3 years after the obligation accrued;

(g)

Any amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, 3 years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which payment is owed on proof of death has not matured by proof of death of the insured or annuitant:

(1)

With respect to an amount owed for a life or endowment insurance policy, 3 years after the earlier of the date:
(I) The insurance company has knowledge of the death of the insured; or
(II) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; and

(2)

With respect to an amount owed on an annuity contract, 3 years after the date the insurance company has knowledge of the death of the annuitant;

(h)

Any property distributable by a business association or financial organization in a course of dissolution, 1 year after the property becomes distributable;

(i)

Any property received by a court as proceeds of a class action and not distributed pursuant to the judgment, 1 year after the distribution date;

(j)

Except as otherwise provided in NRS 607.170 and 703.375, any property held by a court, government, governmental subdivision, agency or instrumentality, 1 year after the property becomes distributable;

(k)

Any wages or other compensation for personal services, 1 year after the compensation becomes payable;

(l)

A deposit or refund owed to a subscriber by a utility, 1 year after the deposit or refund becomes payable;

(m)

Any property in an individual retirement account, defined benefit plan or other account or plan that is qualified for tax deferral under the income tax laws of the United States, 3 years after the later of:

(1)

The date determined as follows:
(I) Except as otherwise provided in sub-subparagraph (II), the date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service; or
(II) If the second communication is sent later than 30 days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service; or

(2)

The earlier of the following dates:
(I) The date the apparent owner becomes 70.5 years of age, if determinable by the holder; or
(II) If the Internal Revenue Code requires distribution to avoid a tax penalty, 2 years after the date the holder receives, in the ordinary course of business, confirmation of the death of the apparent owner;

(n)

An account of funds established to meet the costs of burial, 3 years after the earlier of:

(1)

The date of death of the beneficiary; or

(2)

If the holder does not know whether the beneficiary is deceased, the date the beneficiary has attained, or would have attained if living, the age of 105 years; and

(o)

All other property, 3 years after the owner’s right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

2.

At the time that an interest is presumed abandoned under subsection 1, any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

3.

Property is unclaimed if, for the applicable period set forth in subsection 1 or 7, as applicable, the apparent owner has not communicated, in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

4.

An indication of an owner’s interest in property includes:

(a)

The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received;

(b)

Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease or change the amount or type of property held in the account;

(c)

The making of a deposit to or withdrawal from a bank account; and

(d)

The payment of a premium with respect to a property interest in an insurance policy, but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

5.

Property is payable or distributable for purposes of this chapter notwithstanding the owner’s failure to make demand or present an instrument or document otherwise required to obtain payment.

6.

The following property clearly designated as such must not be presumed abandoned because of inactivity or failure to make a demand:

(a)

An account or asset managed through a guardianship;

(b)

An account blocked at the direction of a court;

(c)

A trust account established to address a special need;

(d)

A qualified income trust account;

(e)

A trust account established for tuition purposes; and

(f)

A trust account established on behalf of a client.

7.

For property described in paragraphs (c) to (f), inclusive, and (o) of subsection 1, the 3-year period described in each of those paragraphs must be reduced to a 2-year period if the holder of the property reported more than $10 million in property presumed abandoned on the holder’s most recent report of abandoned property made pursuant to NRS 120A.560.

Source: Section 120A.500 — Presumption of abandonment., https://www.­leg.­state.­nv.­us/NRS/NRS-120A.­html#NRS120ASec500.

120A.010
Short title.
120A.020
Definitions.
120A.025
“Administrator” defined.
120A.027
“Apparent owner” defined.
120A.040
“Business association” defined.
120A.051
“Domicile” defined.
120A.070
“Financial organization” defined.
120A.080
“Holder” defined.
120A.090
“Insurance company” defined.
120A.096
“Mineral” defined.
120A.097
“Mineral proceeds” defined.
120A.098
“Money order” defined.
120A.100
“Owner” defined.
120A.105
“Payroll card” defined.
120A.110
“Person” defined.
120A.113
“Property” defined.
120A.115
“Record” defined.
120A.118
“State” defined.
120A.119
“Stored-value card” defined.
120A.120
“Utility” defined.
120A.125
Inapplicability of chapter to tangible property held in safe-deposit box or other safekeeping depository not maintained by bank or other financial institution or safe-deposit company.
120A.135
Inapplicability of chapter to unredeemed gaming chips or tokens and intersection improvement project proceeds.
120A.140
Administration of chapter
120A.145
Information to remain confidential.
120A.500
Presumption of abandonment.
120A.505
Certain items due or owing between business associations with ongoing business relationship not presumed abandoned.
120A.510
Contents of safe-deposit box or other safekeeping depository.
120A.520
Value remaining on gift certificate.
120A.525
United States savings bonds.
120A.530
Rules for taking custody.
120A.540
Dormancy charge.
120A.550
Burden of proof as to property evidenced by record of check or draft.
120A.560
Report of abandoned property.
120A.570
Payment or delivery of abandoned property.
120A.580
Notice and publication of lists of abandoned property
120A.590
Custody by State
120A.600
Crediting of dividends and increments to account of owner.
120A.610
Public sale, destruction, disposition or transfer of abandoned property.
120A.620
Abandoned Property Trust Account.
120A.630
Claim of another state to recover property.
120A.640
Filing claim with Administrator
120A.645
Donation to State for educational purposes.
120A.650
Action to establish claim.
120A.660
Election to take payment or delivery.
120A.670
Destruction or disposition of property having no substantial commercial value
120A.680
Periods of limitation.
120A.690
Requests for reports and examination of records.
120A.700
Retention of records.
120A.710
Enforcement.
120A.715
Intrastate agreements and cooperation
120A.720
Interstate agreements and cooperation
120A.730
Interest and penalties.
120A.733
Fraudulent claims
120A.737
False statements
120A.740
Agreement to locate property.
120A.750
Uniformity of application and construction.
Last Updated

Jun. 24, 2021

§ 120A.500’s source at nv​.us