HB112 Alabama 2013 Session
Summary
- Primary Sponsor
Wes LongRepublican- Session
- Regular Session 2013
- Title
- Unclaimed property, holders of abandoned property required to file reports with State Treasurer electronically, exceptions, parent of deceased child authorized to claim property, consumer protection measures for property claimed through third party, Secs. 35-12-72, 35-12-76, 35-12-77, 35-12-79, 35-12-84, 35-12-86, 35-12-93 am'd.
- Summary
HB112 updates Alabama's Unclaimed Property Act to standardize deposit abandonment, expand who can claim abandoned property from intestate decedents, tighten reporting and third-party protections, and clarify handling of state-issued payment instruments.
What This Bill DoesIt standardizes how banks treat deposit products for abandonment, ensures state-issued payment instruments can be remitted to unclaimed property for the payee's benefit after expiration, and clarifies reporting rules to protect both the state and holders. It expands claim rights for surviving relatives of a deceased owner who died intestate and sets conditions for such claims. It also strengthens protections against abusive third-party claims by requiring written agreements, specifying terms, and capping certain fees.
Who It Affects- Holders of unclaimed property (e.g., banks, credit unions, insurers) who must file electronic reports and remit funds, with standardized treatment for deposit products.
- State Treasurer and the Alabama Treasury's Unclaimed Property program, which administers revised reporting, remittance, and claim procedures.
- Surviving family members (spouse, children, and parents) of a deceased owner who died intestate, who may claim abandoned property under defined value limits and documentation rules.
- Claimants and consumers who use third-party services to claim property, who gain stronger protections and disclosures under the new rules.
- Attorneys and others who assist claimants, who face new writing and fee-structure requirements, and potential fee caps.
Key ProvisionsAI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.- Deposits and abandonment: Banks must treat all deposit products equally for abandonment purposes, while other property types retain their specific timelines.
- State-issued instruments: All state-issued checks, warrants, or payment instruments that expire or remain unpaid may be handled through the unclaimed property system for the payee's benefit; provisions address how these funds are transferred or remitted and related exceptions.
- Electronic reporting: Holders must file electronically and remit funds electronically; annual reporting is due by November 1 for the prior 12 months, with required details about property and owners and potential extensions for good cause.
- Notice to owners: Before reporting, holders may be required to notify apparent owners within a defined window, detailing conditions for the report.
- Intestate claim rights: The surviving spouse or surviving child or parents may claim abandoned property of an owner who died intestate, with value limits and documentation; probate court is not always required, but probate remains available.
- Third-party claim protections: Agreements to locate or recover property entered during the abandonment period are void or restricted unless in writing and clearly detailing services, value, compensation, and other terms; improper mineral-proceeds arrangements are void; attorneys' fees are capped, and owners may enforce these protections.
- Subjects
- Abandoned Property
Bill Actions
Delivered to Governor on April 10, 2013 at 6:00 p.m.
Assigned Act No. 2013-91.
Clerk of the House Certification
Enrolled
Signature Requested
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 355
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Governmental Affairs
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 163
Motion to Adopt adopted Roll Call 162
Long Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Financial Services
Bill Text
Votes
Motion to Adopt
Motion to Read a Third Time and Pass
Documents
Source: Alabama Legislature