- (1) The Treasurer’s Office, in its sole discretion, shall determine if the Claimant has established his or her entitlement to the Abandoned Property by a preponderance of the evidence.
- (2) The aggregate Abandoned Property value must not exceed $3,000 to be eligible to be claimed by an apparent heir of an intestate claim by affidavit.
- (3) The aggregate Abandoned Property value must not exceed $300 to be eligible to be claimed by the Apparent Owner without proof of address.
- (4) Payment to estates of decedents shall be made payable to the estate of the decedent/reported owner. Small estate claims may be payable to the Claimant if all required documentation is presented.
- (5) A garnishment/levy proceeding against the State Treasury is barred by sovereign immunity. A garnishment is a suit against the state and a result favorable to plaintiff would directly affect a contract or property right of the state. No claims will be paid as a result of garnishment/levy proceedings.
Author: Ralph Ainsworth, Unclaimed Property Division, Office of State Treasurer
Statutory Authority: Code of Ala. 1975, §35-12-20, et seq.
History: New Rule: Filed January 29, 1997; effective March 5, 1997. Repealed and New Rule: Filed December 30, 2014; effective February 3, 2015.