RCW ch. 63.30 — Revised Code of Washington Chapter 63.30 RCW — Revised Uniform Unclaimed Property Act

RCW 63.30.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Administrator" means the department of revenue established under RCW 82.01.050. (2) "Administrator's agent" means a person with which the administrator contracts to conduct an examination under RCW 63.30.570 through 63.30.690 on behalf of the administrator. The term includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor. (3) "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. (4) "Business association" means a corporation, joint stock company, investment company other than an investment company registered under the investment company act of 1940, as amended, 15 U.S.C. Secs. 80a-1 through 80a-64, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity, whether or not for profit. (5) "Confidential information" means records, reports, and information that are confidential under RCW 63.30.820. (6) "Domicile" means: (a) For a corporation, the state of its incorporation; (b) For a business association whose formation requires a filing with a state, other than a corporation, the state of the principal place of business of such a business association, if formed under the laws of a state other than the state in which its principal place of business is located, unless determined to be otherwise by a court of competent jurisdiction; (c) For a federally chartered entity or an investment company registered under the investment company act of 1940, as amended, 15 U.S.C. Secs. 80a-1 through 80a-64, the state of its home office; and (d) For any other holder, the state of its principal place of business. (7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (8) "Email" means a communication by electronic means which is automatically retained and stored and may be readily accessed or retrieved. (9) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union. (10) "Game-related digital content" means digital content that exists only in an electronic game or electronic game platform. The term: (a) Includes: (i) Game-play currency such as a virtual wallet, even if denominated in United States currency; and (ii) The following if for use or redemption only within the game or platform or another electronic game or electronic game platform: (A) Points sometimes referred to as gems, tokens, gold, and similar names; and (B) Digital codes; and (b) Does not include an item that the issuer: (i) Permits to be redeemed for use outside a game or platform for: (A) Money; or (B) Goods or services that have more than minimal value; or (ii) Otherwise monetizes for use outside a game or platform. (11) "Gift certificate" means a record described in RCW 19.240.010, and includes both gift cards and gift certificates, including both tangible instruments and electronic records. (12) "Holder" means a person obligated to hold for the account of, or to deliver or pay to, the owner, property subject to this chapter. (13) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and industrial insurance. The term does not include governmental agencies that provide industrial insurance. (14) "Internal revenue code" means the United States internal revenue code of 1986, as amended, as of January 1, 2023, or such subsequent date as the department of revenue may provide by rule consistent with the purpose of this chapter unless the context clearly indicates otherwise. (15) "Loyalty card" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program, which may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer. (16) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by law of this state other than this chapter. (17) "Mineral proceeds" means an amount payable for extraction, production, or sale of minerals, or, on the abandonment of the amount, an amount that becomes payable after abandonment. The term includes an amount payable: (a) For the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental; (b) For the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and (c) Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farm-out agreement. (18) "Money order" means a payment order for a specified amount of money. The term includes an express money order and a personal money order on which the remitter is the purchaser. (19) "Municipal bond" means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state. (20) "Net card value" means the original purchase price or original issued value of a stored value card, plus amounts added to the original price or value, minus amounts used and any service charge, fee, or dormancy charge permitted by law. (21) "Nonfreely transferable security" means a security that cannot be delivered to the administrator by the depository trust clearing corporation or similar custodian of securities providing posttrade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security. (22) "Owner" means a person that has a legal, beneficial, or equitable interest in property subject to this chapter or the person's legal representative when acting on behalf of the owner. The term includes: (a) A depositor, for a deposit; (b) A beneficiary, for a trust other than a deposit in trust; (c) A creditor, claimant, or payee, for other property; and (d) The lawful bearer of a record that may be used to obtain money, a reward, or a thing of value. (23) "Payroll card" means a record that evidences a payroll card account as defined in Regulation E, 12 C.F.R. Part 1005, as it existed on January 1, 2023. (24) "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (25) "Property" means tangible property described in RCW 63.30.080 or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. The term: (a) Includes all income from or increments to the property; (b) Includes property referred to as or evidenced by: (i) Money, virtual currency, interest, or a dividend, check, draft, deposit, or payroll card; (ii) A credit balance, customer's overpayment, stored value card, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance; (iii) A security except for: (A) A worthless security; or (B) A security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security; (iv) A bond, debenture, note, or other evidence of indebtedness; (v) Money deposited to redeem a security, make a distribution, or pay a dividend; (vi) An amount due and payable under an annuity contract or insurance policy; and (vii) An amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee savings, supplemental unemployment insurance, or a similar benefit; and (c) Does not include: (i) Property held in a plan described in Title 26 U.S.C. Sec. 529A of the internal revenue code; (ii) Game-related digital content; (iii) A loyalty card; (iv) A gift certificate complying with chapter 19.240 RCW; (v) Store credit for returned merchandise; and (vi) A premium paid by an agricultural fair by check. For the purposes of this subsection, the following definitions apply: (A) "Agricultural fair" means a fair or exhibition that is intended to promote agriculture by including a balanced variety of exhibits of livestock and agricultural products, as well as related manufactured products and arts, including products of the farm home and educational contests, displays, and demonstrations designed to train youth and to promote the welfare of farmers and rural living; and (B) "Premium" means an amount paid for exhibits and educational contests, displays, and demonstrations of an educational nature. A "premium" does not include judges' fees and expenses; livestock sale revenues; or prizes or amounts paid for promotion or entertainment activities such as queen contests, parades, dances, rodeos, and races. (26) "Putative holder" means a person believed by the administrator to be a holder, until the person pays or delivers to the administrator property subject to this chapter or the administrator or a court makes a final determination that the person is or is not a holder. (27) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (28) "Security" means: (a) A security as defined in RCW 62A.8-102; (b) A security entitlement as defined in RCW 62A.8-102, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not: (i) Registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets; (ii) Payable to the order of the person; or (iii) Specifically indorsed to the person; or (c) An equity interest in a business association not included in (a) or (b) of this subsection. (29) "Sign" means, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol; or (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (30) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (31) "Stored value card" means a record evidencing a promise made for consideration by the seller or issuer of the record that goods, services, or money will be provided to the owner of the record to the value or amount shown in the record. The term: (a) Includes: (i) A record that contains or consists of a microprocessor chip, magnetic strip, or other means for the storage of information, which is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration; and (ii) A payroll card; and (b) Does not include a loyalty card, gift certificate, or game-related digital content. (32) "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services: (a) Transmission of communications or information; (b) Production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; or (c) Provision of sewage or septic services, or trash, garbage, or recycling disposal. (33) "Virtual currency" means any type of digital unit, including cryptocurrency, used as a medium of exchange, unit of account, or store of value, which does not have legal tender status recognized by the United States. The term does not include: (a) The software or protocols governing the transfer of the digital representation of value; (b) Game-related digital content; or (c) A loyalty card or gift certificate. (34) "Worthless security" means a security whose cost of liquidation and delivery to the administrator would exceed the value of the security on the date a report is due under this chapter. [ 2025 c 29 s 3; 2022 c 225 s 102.] NOTES: Retroactive application— RCW 63.30.020 Inapplicability to foreign transaction. This chapter does not apply to property held, due, and owing in a foreign country if the transaction out of which the property arose was a foreign transaction. [ 2022 c 225 s 103.] RCW 63.30.030 Rule making. The administrator may adopt rules under chapter 34.05 RCW to implement and administer this chapter. [ 2022 c 225 s 104.] RCW 63.30.040 Property presumed abandoned. Subject to RCW 63.30.120, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified below: (1) A traveler's check, 15 years after issuance; (2) A money order, five years after issuance; (3) A state or municipal bond, bearer bond, or original issue discount bond, not held by a government entity or governmental subdivision, agency, or instrumentality, three years after the earliest of the date the bond matures or is called or the obligation to pay the principal of the bond arises; (4) A debt of a business association, three years after the obligation to pay arises; (5) A demand, savings, or time deposit, including a deposit that is automatically renewable, three years after the later of maturity, if applicable, of the deposit or the owner's last indication of interest in the deposit, except a deposit that is automatically renewable is deemed matured on its initial date of maturity unless the apparent owner consented in a record on file with the holder to renewal at or about the time of the renewal; (6) Money or a credit owed to a customer as a result of a retail business transaction, three years after the obligation arose; (7) An amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three years after the obligation to pay arose under the terms of the policy or contract or, if a policy or contract for which an amount is owed on proof of death has not matured by proof of the death of the insured or annuitant, as follows: (a) With respect to an amount owed on a life or endowment insurance policy, three 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 for the policy is based; and (b) With respect to an amount owed on an annuity contract, three years after the date the insurance company has knowledge of the death of the annuitant; (8) Property distributable by a business association in the course of dissolution, one year after the property becomes distributable; (9) Property held by a court, including property received as proceeds of a class action, one year after the property becomes distributable; (10) Property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one year after the property becomes distributable; (11) Wages, commissions, or bonuses to which an employee is entitled, or other compensation for personal services, one year after the amount becomes payable; (12) A deposit or refund owed to a subscriber by a utility, one year after the deposit or refund becomes payable; (13) Payroll card, one year after the amount becomes payable; (14) Excess proceeds from the sale of property by an owner of a self-service storage facility conducted pursuant to RCW 19.150.080, one year from the date of sale; (15) Excess income from the sale of tenant property by a landlord conducted pursuant to RCW 59.18.312 and 59.18.595, one year from the date of the sale; (16) Excess funds from the sale of an abandoned vessel by an operator of a private moorage facility conducted pursuant to RCW 88.26.020, one year from the date of the sale; and (17) Property not specified in this section or RCW 63.30.050 through 63.30.100, the earlier of three years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises. [ 2025 c 29 s 4; 2023 c 258 s 8; 2022 c 225 s 201.] NOTES: Retroactive application— RCW 63.30.050 Tax deferred retirement account presumed abandoned. (1) Subject to RCW 63.30.120, property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the later of: (a) The following dates: (i) Except as in (a)(ii) of this subsection, 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 (b) The earlier of the following dates if the apparent owner is required to take a distribution to avoid a tax penalty: (i) The date the apparent owner reaches the required minimum distribution age to avoid a tax penalty under Title 26 U.S.C. Sec. 4974 of the internal revenue code, if determinable by the holder; or (ii) Two years after the date the holder: (A) Receives confirmation of the death of the apparent owner in the ordinary course of its business; or (B) Confirms the death of the apparent owner under subsection (2) of this section. (2) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subsection (1)(b) of this section applies, the holder must attempt not later than 90 days after receipt of the notice or indication to confirm whether the apparent owner is deceased. (3) If the holder does not send communications to the apparent owner of an account described in subsection (1) of this section by first-class United States mail, the holder must attempt to confirm the apparent owner's interest in the property by sending the apparent owner an email communication not later than two years after the apparent owner's last indication of interest in the property. However, the holder promptly must attempt to contact the apparent owner by first-class United States mail if: (a) The holder does not have information needed to send the apparent owner an email communication or the holder believes that the apparent owner's email address in the holder's records is not valid; (b) The holder receives notification that the email communication was not received; or (c) The apparent owner does not respond to the email communication not later than 30 days after the communication was sent. (4) If first-class United States mail sent under subsection (3) of this section is returned to the holder undelivered by the United States postal service, the property is presumed abandoned three years after the later of: (a) Except as in (b) of this subsection, the date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered; (b) 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; or (c) The date established by subsection (1)(b) of this section. (5) This section does not apply to property held in a pension account or retirement account established by the state of Washington or any local governmental entity under chapter 41.28 RCW. [ 2025 c 29 s 5; 2022 c 225 s 202.] NOTES: Retroactive application— RCW 63.30.060 Other tax deferred account presumed abandoned. Subject to RCW 63.30.120 and except for property described in RCW 63.30.050 and property held in a plan described in section 529A of the internal revenue code, as it existed on January 1, 2023, 26 U.S.C. Sec. 529A, property held in an account or plan, including a health savings account, that qualifies for tax deferral under the income tax laws of the United States is presumed abandoned if it is unclaimed by the apparent owner three years after the earlier of: (1) The date, if determinable by the holder, specified in the income tax laws and regulations of the United States by which distribution of the property must begin to avoid a tax penalty, with no distribution having been made; or (2) Thirty years after the date the account was opened. [ 2022 c 225 s 203.] RCW 63.30.070 Custodial account for minor presumed abandoned. (1) Subject to RCW 63.30.120, property held in an account established under a state's uniform gifts to minors act or uniform transfers to minors act is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three years after the later of: (a) Except as in (b) of this subsection, the date a second consecutive communication sent by the holder by first-class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States postal service; (b) 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; or (c) The date on which the custodian is required to transfer the property to the minor or the minor's estate in accordance with the uniform gifts to minors act or uniform transfers to minors act of the state in which the account was opened. (2) If the holder does not send communications to the custodian of the minor on whose behalf an account described in subsection (1) of this section was opened by first-class United States mail, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an email communication not later than two years after the custodian's last indication of interest in the property. However, the holder promptly shall attempt to contact the custodian by first-class United States mail if: (a) The holder does not have information needed to send the custodian an email communication or the holder believes that the custodian's email address in the holder's records is not valid; (b) The holder receives notification that the email communication was not received; or (c) The custodian does not respond to the email communication not later than 30 days after the communication was sent. (3) If first-class United States mail sent under subsection (2) of this section is returned undelivered to the holder by the United States postal service, the property is presumed abandoned three years after the later of: (a) The date a second consecutive communication to contact the custodian by first-class United States mail is returned to the holder undelivered by the United States postal service; or (b) The date established by subsection (1)(c) of this section. (4) When the property in the account described in subsection (1) of this section is transferred to the minor on whose behalf an account was opened or to the minor's estate, the property in the account is no longer subject to this section. [ 2022 c 225 s 204.] RCW 63.30.080 Contents of safe deposit box presumed abandoned. Tangible property held in a safe deposit box and proceeds from a sale of the property by the holder permitted by law of this state other than this chapter are presumed abandoned if the property remains unclaimed by the apparent owner five years after the earlier of the: (1) Expiration of the lease or rental period for the box; or (2) Earliest date when the lessor of the box is authorized by law of this state other than this chapter to enter the box and remove or dispose of the contents without consent or authorization of the lessee. [ 2022 c 225 s 205.] RCW 63.30.090 Stored value card presumed abandoned. (1) Subject to RCW 63.30.120, the net card value of a stored value card, other than a payroll card, is presumed abandoned on the latest of three years after: (a) The card is issued or additional funds are deposited into it; (b) The most recent indication of interest in the card by the apparent owner; or (c) A verification or review of the balance by or on behalf of the apparent owner. (2) The amount presumed abandoned in a stored value card is the net card value at the time it is presumed abandoned. [ 2025 c 29 s 6; 2022 c 225 s 206.] NOTES: Retroactive application— RCW 63.30.100 Security presumed abandoned. (1) Subject to RCW 63.30.120, a security is presumed abandoned three years after: (a) 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 (b) If the second communication is made later than 30 days after the first communication is returned, the date the first communication is returned undelivered to the holder by the United States postal service. (2) If the holder does not send communications to the apparent owner of a security by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the security by sending the apparent owner an email communication not later than two years after the apparent owner's last indication of interest in the security. However the holder promptly shall attempt to contact the apparent owner by first-class United States mail if: (a) The holder does not have information needed to send the apparent owner an email communication or the holder believes that the apparent owner's email address in the holder's records is not valid; (b) The holder receives notification that the email communication was not received; or (c) The apparent owner does not respond to the email communication not later than 30 days after the communication was sent. (3) If first-class United States mail sent under subsection (2) of this section is returned to the holder undelivered by the United States postal service, the security is presumed abandoned three years after the date the mail is returned. [ 2022 c 225 s 207.] RCW 63.30.110 Related property presumed abandoned. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned. [ 2022 c 225 s 208.] RCW 63.30.115 Funeral service contracts—Trusts presumed abandoned. (1) The proceeds of any prearrangement funeral service contract for which money paid is required to be deposited in a trust, including money required to be deposited in a trust under RCW 18.39.250, is presumed abandoned three years after the earlier of the following: (a) The date of death of the contract beneficiary. (i) The date of death of a contract beneficiary may be documented through any source, including a declaration of death, a death certificate, a comparison of the contract seller's records against the United States social security administration death master file, or other equivalent resource. (ii) A funeral establishment may but is under no duty to compare its records to the United States social security administration death master file, or other equivalent resource; (b) The date the contract beneficiary, if living, would have attained the age of 107 years; (c) 50 years from the date that the contract was executed. (2) For purposes of this section: (a) The amount reportable for an abandoned prearrangement funeral service contract is determined under the laws of the state where the contract was executed. For contracts entered under the laws of this state, the amount reportable for an abandoned prearrangement funeral service contract is the trust balance, inclusive of accrued interest or income, less any amounts authorized by law under RCW 18.39.250. (b) The apparent owner of an unclaimed prearrangement funeral service contract is determined under the laws of the state where the contract was executed. (c)(i) "Contract beneficiary" means the person for whom the prearrangement funeral service contract is purchased and will be the recipient of the funeral merchandise or services at the time of the person's death. (ii) "Contract purchaser" means the person who purchases the prearrangement funeral service contract either on the person's behalf or on behalf of the contract beneficiary. (iii) "Funeral establishment" means a place of business licensed in accordance with RCW 18.39.145 that provides for any aspect of the care, shelter, transportation, embalming, preparation, and arrangements for the disposition of human remains and includes all areas of such entity and all equipment, instruments, and supplies used in the care, shelter, transportation, preparation, and embalming of human remains. (iv) "Prearrangement funeral service contract" means any contract under which, for a specified consideration, a funeral establishment promises, upon the death of the person that is named or implied in the contract, to furnish funeral merchandise or services. [ 2025 c 29 s 2.] NOTES: Application— RCW 63.30.120 Indication of apparent owner interest in property. (1) The period after which property is presumed abandoned is measured from the later of: (a) The date the property is presumed abandoned under this section and RCW 63.30.040 through 63.30.110, 63.30.130, and 63.30.140; or (b) The latest indication of interest by the apparent owner in the property. (2) Under this chapter, an indication of an apparent owner's interest in property includes: (a) A record communicated by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held; (b) An oral communication by the apparent owner to the holder or agent of the holder concerning the property or the account in which the property is held, if the holder or its agent contemporaneously makes and preserves a record of the fact of the apparent owner's communication; (c) Presentment of a check or other instrument of payment of a dividend, interest payment, or other distribution, or evidence of receipt of a distribution made by electronic or similar means, with respect to an account, underlying security, or interest in a business association; (d) Either activity directed by an apparent owner in the account in which the property is held, or in another account of the apparent owner held by the same business association or financial organization, or both, including accessing the account or information concerning the account, or a direction by the apparent owner to increase, decrease, or otherwise change the amount or type of property held in the account; (e) A deposit into or withdrawal from an account at a financial organization, including an automatic deposit or withdrawal previously authorized by the apparent owner other than an automatic reinvestment of dividends or interest; (f) Subject to subsection (5) of this section, payment of a premium on an insurance policy; and (g) Any other action by the apparent owner which reasonably demonstrates to the holder that the apparent owner knows that the property exists. (3) An action by an agent or other representative of an apparent owner, other than the holder acting as the apparent owner's agent, is presumed to be an action on behalf of the apparent owner. (4) A communication with an apparent owner by a person other than the holder or the holder's representative is not an indication of interest in the property by the apparent owner unless a record of the communication evidences the apparent owner's knowledge of a right to the property. (5) If the insured dies or the insured or beneficiary of an insurance policy otherwise becomes entitled to the proceeds before depletion of the cash surrender value of the policy by operation of an automatic premium loan provision or other nonforfeiture provision contained in the policy, the operation does not prevent the policy from maturing or terminating. [ 2025 c 29 s 7; 2022 c 225 s 209.] RCW 63.30.130 Knowledge of death of insured or annuitant. (1) In this section, "death master file" means the United States social security administration death master file or other database or service that is at least as comprehensive as the United States social security administration death master file for determining that an individual reportedly has died. (2) With respect to a life or endowment insurance policy or annuity contract for which an amount is owed on proof of death, but which has not matured by proof of death of the insured or annuitant, the company has knowledge of the death of an insured or annuitant when: (a) The company receives a death certificate or court order determining that the insured or annuitant has died; (b) Due diligence, performed as required under chapter 48.23 RCW and rules promulgated thereunder to maintain contact with the insured or annuitant or determine whether the insured or annuitant has died, validates the death of the insured or annuitant; (c) The company conducts a comparison for any purpose between a death master file and the names of some or all of the company's insureds or annuitants, finds a match that provides notice that the insured or annuitant has died, and validates the death; (d)(i) The administrator or the administrator's agent conducts a comparison for the purpose of finding matches during an examination conducted under RCW 63.30.570 through 63.30.690 between a death master file and the names of some or all of the company's insureds or annuitants, finds a match that provides notice that the insured or annuitant has died, and the company validates the death. (ii) The administrator or the administrator's agent may not exercise the authority provided in (d)(i) of this subsection (2) when the company has conducted a death master file comparison, relevant to the period under examination, in accordance with (c) of this subsection (2) and subsection (3) of this section; or (e) The company: (i) Receives notice of the death of the insured or annuitant from an administrator, beneficiary, policy owner, relative of the insured, or trustee or from a personal representative or other legal representative of the insured's or annuitant's estate; and (ii) Validates the death of the insured or annuitant. (3) The following rules apply under this section: (a) A death master file match under subsection (2)(c) and (d) of this section occurs if the criteria for an exact or partial match are satisfied as provided by: (i) Law of this state other than this chapter; (ii) A rule or policy adopted by the office of the insurance commissioner; or (iii) Absent a law, rule, or policy under (a)(i) or (ii) of this subsection standards in the national conference of insurance legislators' "model unclaimed life insurance benefits act" as published in 2014. (b) The death master file match does not constitute proof of death for the purpose of submission to an insurance company of a claim by a beneficiary, annuitant, or owner of the policy or contract for an amount due under an insurance policy or annuity contract. (c) The death master file match or validation of the insured's or annuitant's death does not alter the requirements for a beneficiary, annuitant, or owner of the policy or contract to make a claim to receive proceeds under the terms of the policy or contract. (d) If no provision in Title 48 RCW or rules promulgated thereunder establishes a time for validation of a death of an insured or annuitant, the insurance company shall make a good faith effort using other available records and information to validate the death and document the effort taken not later than 90 days after the insurance company has notice of the death. (4) This chapter does not affect the determination of the extent to which an insurance company before January 1, 2023, had knowledge of the death of an insured or annuitant or was required to conduct a death master file comparison to determine whether amounts owed by the company on a life or endowment insurance policy or annuity contract were presumed abandoned or unclaimed. [ 2022 c 225 s 210.] RCW 63.30.140 Deposit account for proceeds of insurance policy or annuity contract. If proceeds payable under a life or endowment insurance policy or annuity contract are deposited into an account with check or draft writing privileges for the beneficiary of the policy or contract and, under a supplementary contract not involving annuity benefits other than death benefits, the proceeds are retained by the insurance company or the financial organization where the account is held, the policy or contract includes the assets in the account. [ 2022 c 225 s 211.] RCW 63.30.150 Address of apparent owner to establish priority. In this section and RCW 63.30.160 through 63.30.210, the following rules apply: (1) The last known address of an apparent owner is any description, code, or other indication of the location of the apparent owner which identifies the state, even if the description, code, or indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner. (2) If the United States postal zip code associated with the apparent owner is for a post office located in this state, this state is deemed to be the state of the last known address of the apparent owner unless other records associated with the apparent owner specifically identify the physical address of the apparent owner to be in another state. (3) If the address under subsection (2) of this section is in another state, the other state is deemed to be the state of the last known address of the apparent owner. (4) The address of the apparent owner of a life or endowment insurance policy or annuity contract or its proceeds is presumed to be the address of the insured or annuitant if a person other than the insured or annuitant is entitled to the amount owed under the policy or contract and the address of the other person is not known by the insurance company and cannot be determined under RCW 63.30.160. [ 2022 c 225 s 301.] RCW 63.30.160 Address of apparent owner in Washington state. The administrator may take custody of property that is presumed abandoned, whether located in this state, another state, or a foreign country if: (1) The last known address of the apparent owner in the records of the holder is in this state; or (2) The records of the holder do not reflect the identity or last known address of the apparent owner, but the administrator has determined that the last known address of the apparent owner is in this state. [ 2022 c 225 s 302.] RCW 63.30.170 Records showing multiple addresses of apparent owner. (1) Except as in subsection (2) of this section, if records of a holder reflect multiple addresses for an apparent owner and this state is the state of the most recently recorded address, this state may take custody of property presumed abandoned, whether located in this state or another state. (2) If it appears from records of the holder that the most recently recorded address of the apparent owner under subsection (1) of this section is a temporary address and this state is the state of the next most recently recorded address that is not a temporary address, this state may take custody of the property presumed abandoned. [ 2022 c 225 s 303.] RCW 63.30.180 Holder domiciled in Washington state. (1) Except as in subsection (2) of this section or RCW 63.30.160 or 63.30.170, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state or is this state or a governmental subdivision, agency, or instrumentality of this state, and: (a) Another state or foreign country is not entitled to the property because there is no last known address of the apparent owner or other person entitled to the property in the records of the holder; or (b) The state or foreign country of the last known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property. (2) Property is not subject to custody of the administrator under subsection (1) of this section if the property is specifically exempt from custodial taking under the law of this state or the state or foreign country of the last known address of the apparent owner. (3) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned. [ 2022 c 225 s 304.] RCW 63.30.190 Custody if transaction takes place in Washington state. Except as in RCW 63.30.160, 63.30.170, or 63.30.180, the administrator may take custody of property presumed abandoned whether located in this state or another state if: (1) The transaction out of which the property arose took place in this state; (2) The holder is domiciled in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the administrator; and (3) The last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last known address, the property is not subject to the custody of the administrator. [ 2022 c 225 s 305.] RCW 63.30.200 Traveler's check, money order, or similar instrument. The administrator may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. Secs. 2501 through 2503, as it existed on January 1, 2023. [ 2022 c 225 s 306.] RCW 63.30.210 Burden of proof to establish administrator's right to custody. If the administrator asserts a right to custody of unclaimed property, the administrator has the burden to prove: (1) The existence and amount of the property; (2) The property is presumed abandoned; and (3) The property is subject to the custody of the administrator. [ 2022 c 225 s 307.] RCW 63.30.220 Report required by holder. (1) A holder of property presumed abandoned and subject to the custody of the administrator shall report in a record to the administrator concerning the property. (2) A holder may contract with a third party to make the report required under subsection (1) of this section. (3) Whether or not a holder contracts with a third party under subsection (2) of this section, the holder is responsible: (a) To the administrator for the complete, accurate, and timely reporting of property presumed abandoned; and (b) For paying or delivering to the administrator property described in the report. (4)(a) Reports due under this section must be filed electronically in a form or manner provided or authorized by the administrator. However, the administrator, upon request or its own initiative, may relieve any holder or class of holders from the electronic filing requirement under this subsection for good cause as determined by the administrator. (b) For purposes of this subsection, "good cause" means: (i) A circumstance or condition exists that, in the administrator's judgment, prevents the holder from electronically filing the report due under this section; or (ii) The administrator determines that relief from the electronic filing requirement under this subsection supports the efficient or effective administration of this chapter. [ 2022 c 225 s 401.] RCW 63.30.230 Content of report. (1) The report required under RCW 63.30.220 must: (a) Be signed by or on behalf of the holder and verified as to its completeness and accuracy; (b) If filed electronically, be in a secure format approved by the administrator which protects confidential information of the apparent owner in the same manner as required of the administrator and the administrator's agent under RCW 63.30.810 through 63.30.880; (c) Describe the property; (d) Except for a traveler's check, money order, or similar instrument, contain the name, if known, last known address, if known, and social security number or taxpayer identification number, if known or readily ascertainable, of the apparent owner of property with a value of $5 or more; (e) For an amount held or owing under a life or endowment insurance policy or annuity contract, contain the name and last known address of the insured, annuitant, or other apparent owner of the policy or contract and of the beneficiary; (f) For property held in or removed from a safe deposit box, indicate the location of the property, where it may be inspected by the administrator, and any amounts owed to the holder under RCW 63.30.370; (g) Contain the commencement date for determining abandonment under RCW 63.30.040 through 63.30.140; (h) State that the holder has complied with the notice requirements of RCW 63.30.280; and (i) Contain other information the administrator prescribes by rules. (2) A report under RCW 63.30.220 may include in the aggregate items valued under $5 each. If the report includes items in the aggregate valued under $5 each, the administrator may not require the holder to provide the name and address of an apparent owner of an item unless the information is necessary to verify or process a claim in progress by the apparent owner. (3) A report under RCW 63.30.220 may include personal information as defined in RCW 63.30.810(1) about the apparent owner or the apparent owner's property to the extent not otherwise prohibited by federal law. (4) If a holder has changed its name while holding property presumed abandoned or is a successor to another person that previously held the property for the apparent owner, the holder must include in the report under RCW 63.30.220 its former name or the name of the previous holder, if any, and the known name and address of each previous holder of the property. [ 2025 c 29 s 8; 2022 c 225 s 402.] NOTES: Effective date— RCW 63.30.240 When report to be filed. (1) Except as otherwise provided in subsection (2) of this section and subject to subsection (3) of this section, the report under RCW 63.30.220 must be filed and paid on or before October 31st of each year and cover the 12 months preceding July 1st of that year. (2) Subject to subsection (3) of this section, the report under RCW 63.30.220 to be filed by an insurance company must be filed and paid on or before April 30th of each year for the immediately preceding calendar year. (3) Before the date for filing the report under RCW 63.30.220, the holder of property presumed abandoned may request the administrator to extend the time for filing. The administrator may grant an extension. If the extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. The payment or partial payment terminates accrual of interest on the amount paid. [ 2025 c 29 s 9; 2022 c 225 s 403.] RCW 63.30.250 Retention of records by holder. A holder required to file a report under RCW 63.30.220 must retain records for six years after the later of the date the report was filed or the last date a timely report was due to be filed, unless a shorter period is provided by rule of the administrator. The holder may satisfy the requirement to retain records under this section through an agent. The records must contain: (1) The information required to be included in the report; (2) The date, place, and nature of the circumstances that gave rise to the property right; (3) The amount or value of the property; (4) The last address of the apparent owner, if known to the holder; and (5) If the holder sells, issues, or provides to others for sale or issue in this state traveler's checks, money orders, or similar instruments, other than third-party bank checks, on which the holder is directly liable, a record of the instruments while they remain outstanding indicating the state and date of issue. [ 2022 c 225 s 404.] RCW 63.30.260 Property reportable and payable or deliverable absent owner demand. Property is reportable and payable or deliverable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment. [ 2022 c 225 s 405.] RCW 63.30.270 Abandoned intangible property held by local government. (1) A local government holding abandoned intangible property that is not forwarded to the department of revenue in subsection (2) of this section is not required to maintain current records of this property for longer than five years after the property is presumed abandoned, and at that time may archive records of this intangible property and transfer the intangible property to its general fund. However, the local government remains liable to pay the intangible property to a person or entity subsequently establishing its ownership of this intangible property. (2) Counties, cities, towns, and other municipal and quasi-municipal corporations that hold funds representing warrants canceled pursuant to RCW 36.22.100 and 39.56.040, uncashed checks, and property tax overpayments or refunds may retain the funds until the owner notifies them and establishes ownership as provided in this chapter. Counties, cities, towns, or other municipal and quasi-municipal corporations must provide to the administrator a report of property it is holding pursuant to this section. The report must identify the property and owner in the manner provided in this section and RCW 63.30.220 through 63.30.260 and the administrator must publish the information as provided in RCW 63.30.300. (3) Courts may retain overpayments made in connection with any litigation, including traffic, criminal, and noncriminal matters, for amounts less than or equal to $10. These overpayments shall be remitted by the clerk of the court to the local treasurer for deposit in the local current expense fund. [ 2023 c 278 s 1; 2022 c 225 s 406.] RCW 63.30.280 Notice to apparent owner by holder. (1) Subject to subsection (2) of this section, the holder of property presumed abandoned must send to the apparent owner notice by first-class United States mail that complies with RCW 63.30.290 in a format acceptable to the administrator not more than 180 days nor less than 60 days before filing the report under RCW 63.30.220 if: (a) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be invalid and is sufficient to direct the delivery of first-class United States mail to the apparent owner; and (b) The value of the property is $50 or more. (2) If an apparent owner has consented to receive email delivery from the holder, the holder must send the notice described in subsection (1) of this section both by first-class United States mail to the apparent owner's last known mailing address and by email, unless the holder believes that the apparent owner's email address is invalid. [ 2025 c 29 s 10; 2022 c 225 s 501.] NOTES: Effective date— RCW 63.30.290 Contents of notice by holder. (1) Notice under RCW 63.30.280 must contain a heading that reads substantially as follows: "Notice The state of Washington requires us to notify you that your property may be transferred to the custody of the department of revenue if you do not contact us before (insert date that is 30 days after the date of this notice)." (2) The notice under RCW 63.30.280 must: (a) Identify the nature and, except for property that does not have a fixed value, the value of the property that is the subject of the notice; (b) State that the property will be turned over to the administrator; (c) State that after the property is turned over to the administrator an apparent owner that seeks return of the property must file a claim with the administrator; (d) State that property that is not legal tender of the United States may be sold by the administrator; and (e) Provide instructions that the apparent owner must follow to prevent the holder from reporting and paying or delivering the property to the administrator. [ 2022 c 225 s 502.] RCW 63.30.300 Notice by administrator. (1) The administrator must give notice to an apparent owner that property presumed abandoned and appears to be owned by the apparent owner is held by the administrator under this chapter. (2) In providing notice under subsection (1) of this section, the administrator must: (a) Except as otherwise provided in (b) of this subsection, send written notice by first-class United States mail to each apparent owner of property valued at $50 or more held by the administrator, unless the administrator determines that a mailing by first-class United States mail would not be received by the apparent owner, and, in the case of a security held in an account for which the apparent owner had consented to receiving email from the holder, send notice by email if the email address of the apparent owner is known to the administrator instead of by first-class United States mail; or (b) Send the notice to the apparent owner's email address if the administrator does not have a valid United States mail address for an apparent owner, but has an email address that the administrator does not know to be invalid. (3) In addition to the notice under subsection (2) of this section, the administrator must: (a) Publish every 12 months in the printed or online version of a newspaper of general circulation within this state, which the administrator determines is most likely to give notice to the apparent owner of the property, notice of property held by the administrator which must include: (i) The total value of property received by the administrator during the preceding 12-month period, taken from the reports under RCW 63.30.220; (ii) The total value of claims paid by the administrator during the preceding 12-month period; (iii) The internet web address of the unclaimed property website maintained by the administrator; (iv) A telephone number and email address to contact the administrator to inquire about or claim property; and (v) A statement that a person may access the internet by a computer to search for unclaimed property and a computer may be available as a service to the public at a local public library; and (b) Maintain a website or database accessible by the public and electronically searchable which contains the names reported to the administrator of all apparent owners for whom property is being held by the administrator. (4) The website or database maintained under subsection (3)(b) of this section must include instructions for filing with the administrator a claim to property and a printable claim form with instructions for its use. (5) In addition to giving notice under subsection (2) of this section, publishing the information under subsection (3)(a) of this section and maintaining the website or database under subsection (3)(b) of this section, the administrator may use other printed publication, telecommunications, the internet, or other media to inform the public of the existence of unclaimed property held by the administrator. [ 2025 c 29 s 11; 2022 c 225 s 503.] NOTES: Effective date— RCW 63.30.310 Cooperation among state officers and agencies to locate apparent owner. Unless prohibited by law of this state other than this chapter, on request of the administrator, each officer, agency, board, commission, division, and department of this state, any body politic and corporate created by this state for a public purpose, and each political subdivision of this state shall make its books and records available to the administrator and cooperate with the administrator to determine the current address of an apparent owner of property held by the administrator under this chapter. [ 2022 c 225 s 504.] RCW 63.30.320 Good faith. In this section and RCW 63.30.330 through 63.30.410, payment or delivery of property is made in good faith if a holder: (1) Had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the administrator under this chapter; or (2) Made payment or delivery: (a) In response to a demand by the administrator or administrator's agent; or (b) Under a guidance or ruling issued by the administrator which the holder reasonably believed required or permitted the property to be paid or delivered. [ 2022 c 225 s 601.] RCW 63.30.330 Dormancy charge. (1) A holder may deduct a dormancy charge from property required to be paid or delivered to the administrator if: (a) A valid contract between the holder and the apparent owner authorizes imposition of the charge for the apparent owner's failure to claim the property within a specified time; (b) The holder regularly imposes the charge and regularly does not reverse or otherwise cancel the charge; and (c) The holder notifies the apparent owner three months before ceasing interest payments or charging dormancy fees. (2) The amount of the deduction under subsection (1) of this section is limited to an amount that is not unconscionable considering all relevant factors, including the marginal transactional costs incurred by the holder in maintaining the apparent owner's property and any services received by the apparent owner. [ 2025 c 29 s 12; 2022 c 225 s 602.] NOTES: Effective date— RCW 63.30.340 Payment or delivery of property to administrator. (1)(a) Except as otherwise provided in this section, on filing a report under RCW 63.30.220, the holder must pay or deliver to the administrator the property described in the report. Holders who are required to file a report electronically under this chapter must remit payments under this section by electronic funds transfer or other form of electronic payment acceptable to the administrator. However, the administrator, upon request or its own initiative, may relieve any holder or class of holders from the electronic payment requirement under this subsection for good cause as determined by the administrator. (b) For purposes of this subsection, "good cause" means: (i) A circumstance or condition exists that, in the administrator's judgment, prevents the holder from remitting payments due under this section electronically; or (ii) The administrator determines that