SECTION 735:80-7-2. Proof of ownership

(a)   Information required to prove ownership of unclaimed property may consist of a copy of the claimant's driver's license or other identification, a document proving Social Security or Federal Employer Number and, one or more of the documents itemized below. A document proving Social Security or Federal Employer Identification Number (or both) may be required to administer the State's tax laws. The OST Unclaimed Property Division will consider all documents submitted in making a reasonable assessment of whether a valid claim of ownership has been presented.

(1)   Copy of birth certificate(s);

(2)   Copy of will(s);

(3)   Copy of probate distribution(s);

(4)   Copy of marriage certificate(s);

(5)   Copy of divorce decree(s);

(6)   Copy of documentation providing a connection with the reported address or business for the year cited as the "Date of last Transaction" in the holder's report;

(7)   Copy of Letters Testamentary;

(8)   Notarized copy of contract if a representative is claimant;

(9)   Copy of guardianship or trust agreement;

(10)   A letter from the holder authorizing release of funds reported and remitted by the holder;

(11)   Proof of payment by holder to owner in the form of:

(A)   A copy of front and back of a canceled check; or

(B)   List of documentation furnished in support of payment of claim; or

(C)   Both of the above items A and B.

(12)   Affidavit executed by an individual other than the claimant having knowledge of, and in support of, a claim when requested information or documentation is not available;

(13)   Other documentation that may be used in support of the claim. This documentation may be an income tax return, adoption records, court records, CD's, stale dated checks, an affidavit of proof of death and heirship from a disinterested party, etc.

(b)   In addition to items set out in (a) of this Section, the documents described in this subsection needed to establish ownership may be requested:

(1)   Checking accounts: A check (blank or canceled) showing the account number for that bank, or a statement on that account which contains the account number;

(2)   Savings account: A copy of the passbook, deposit slip, monthly statement, quarterly statement, or "1099 Int" Form issued by the bank, showing the account number or correspondence referencing the account number;

(3)   Safe-Deposit box: A copy of the safe-deposit box rental receipt or correspondence referencing that rental;

(4)   Wages: Copies of W-2 forms, 1099's, state income tax returns, federal income tax returns, or other tax records or correspondence relating to that employment;

(5)   Stock and/or dividends: Copies of a stock certificate of the business entity reported, correspondence relating to that stock certificate or a statement from the broker showing purchase or sale of that stock;

(6)   Bearer bonds and certificates of deposit: A copy of the record of purchase;

(7)   Insurance: A copy of the policy, or correspondence relating to that policy by policy number;

(8)   Mineral proceeds: One or more of the following as specified in the letter requesting documents:

(A)   Mineral deed;

(B)   Surface deed which includes mineral retained, sold, or purchased;

(C)   Probate inventory;

(D)   Oil and gas lease;

(E)   Purchase documents for an overriding royalty interest;

(F)   Current Division Order;

(G)   Certification of current pay status; or

(H)   A letter from the holder authorizing release of funds reported and remitted by the holder.

(9)   Court Clerk funds: A copy of the court decree or court order for the case that was the source of the funds. (i.e., probate, condemnation, quiet title, divorce, child support, appearance bond, etc.)

(10)   Vendor checks: Copies of accounts receivable billing, invoices, bills of lading or correspondence with the holder reporting and remitting the funds that show a business relationship for each payment, or a statement that the funds are still considered to be due and owing on the account;

(11)   Property held for deceased owners: If the listed owner is deceased, the following is required:

(A)   For property valued at more than Ten Thousand Dollars ($10,000.00), a certified copy of Letters of Administration or Letters Testamentary naming claimant as the personal representative of the listed owner, or a certified copy of the Decree of Distribution of the estate of the listed owner, determining claimant's entitlement to receive unclaimed property.

(B)   For property valued at Ten Thousand Dollars ($10,000.00) or less, a copy of the death certificate and a signed affidavit executed by the claimant, stating that:

(i)   The claimant is entitled to receive unclaimed property;

(ii)   The reason for entitlement to such property; i.e., exact relationship with the listed owner and the basis of the entitlement;

(iii)   That there has been no probate of the estate of the deceased owner;

(iv)   That no such probate is contemplated; and

(v)   That claimant will indemnify the State for any loss, including attorney fees, should another claimant assert a prior right to the property.

(C)   A copy of the death certificate and an affidavit signed by the claimant or a person authorized to act in the claimant's legal capacity by a limited power of attorney which specifically grants authority to make the claim under 60 O.S. §674.2 will be accepted. [See: 60 O.S. §674.2]

(12)   Cashier's checks: Cashier's Checks shall be claimed by the payee as the owner unless the purchaser submits sufficient documentation to prove a superior claim.

(13)   Claims by heirfinders or agents of listed owner:

(A)   If the claim is based on a contract with the owner or heir of the owner, the heirfinder shall provide:

(i)   A copy of the contract showing the percentage of the value of the funds or property charged for services (not to exceed 25%), names, current addresses, and social security numbers or Federal Employer Identification numbers of all parties to the contract; and

(ii)   An executed special power of attorney from the owner or heir of the owner, which specifically authorizes the person to make an unclaimed property claim under the Oklahoma Unclaimed Property Act, Title 60 O.S. §651 et seq. to file a claim on his or her behalf.

(B)   The Unclaimed Property Division may contact the owner(s) or claimant(s) to make sure that the owner or the claimant is aware of the full amount of unclaimed property involved. The claim form(s) shall be signed by the owner(s) or claimant(s) or by a person duly authorized to make the claim on his or her behalf by special power of attorney which specifically authorizes the person to make the claim under the Oklahoma Unclaimed Property Act, Title 60 O.S. §651 et seq.

(C)   A claim made by an heirfinder or an agent of a listed owner will require the same items of proof as would a claim made by the owner.

(14)   Claims based on transfer of mineral interest:

(A)   Where a mineral interest has been sold by the owner(s) or the heir(s), all monies accrued prior to the date of delivery of deed, conveyance, or assignment which have been reported as unclaimed property or forced pooled monies will be paid to the grantor(s) and monies reported after the date of delivery of deed, conveyance, or assignment will be paid to the grantee(s) except:

(i)   Monies accrued prior to the date of delivery of deed, conveyance, or assignment which have been reported will be paid to the grantee if the deed, conveyance, or assignment clearly states grantee is entitled to such monies;

(ii)   The grantee provides an affidavit setting forth:

(I)   The reasons grantee is entitled to monies accrued prior to the date of delivery of deed, conveyance, or assignment;

(II)   Reasonable notice has been given to grantor at his or her last known address of the existence of monies reported which accrued prior to the date of delivery of deed, conveyance, or assignment;

(III)   The name and last known of address of grantor; and

(iii)   Grantee provides evidence that reasonable notice has been given to grantor at his or her last known address, advising grantor that monies attributable to the conveyed mineral interest have been reported, which accrued prior to the date of delivery of the deed, conveyance, or assignment, and the grantor may contact OST to obtain further information concerning said monies.

(B)   If the owner(s) is deceased and the heir(s) is entitled to monies accrued prior to date of delivery of deed, conveyance, or assignment, the unclaimed monies will be distributed to the heir(s) in accordance with subsection (b)(11) of this Section.

(C)   The purchaser of the mineral interest will provide current mailing address(es) of the owner(s) or the heir(s) so that OST can pay all monies reported prior to the date of delivery of the deed.

[Source: Transferred from 710:80-7-2 at 60 O.S., § 688, eff 7-1-99 (see Editor’s Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00; Amended at 18 Ok Reg 2899, eff 6-25-01; Amended at 19 Ok Reg 2476, eff 6-27-02; Amended at 20 Ok Reg 2212, eff 6-26-03; Amended at 21 Ok Reg 2879, eff 7-11-04]