Claim for property by person claiming to be owner

(1) (a) A person claiming to be the owner of property held under this chapter by the administrator may file a claim for the property on a form prescribed by the administrator. (b) The claimant shall verify the claim as to its completeness and accuracy. (2) If the owner claiming the unclaimed property is a creditor, the following apply: (a) (i) the exclusive remedy for satisfying a creditor's judgement is payment of a claim under the act; and (ii) a writ of attachment, garnishment, or execution is prohibited on unclaimed property; (b) a creditor may only receive the value of the creditor's judgment or the amount held by the administrator, whichever is less; and (c) the administrator may waive the requirement in Subsection (1) and may pay or deliver property directly to a person if: (i) the person receiving the property or payment is shown to be the apparent owner included on a report filed under Section 67-4a-401; (ii) the administrator reasonably believes the person is entitled to receive the property or payment; and (iii) the property has a value of less than $500. (3) (a) For a claim involving property of a decedent, one or more heirs or owners of the property may, on a form prescribed by the administrator, file a single claim for the property on behalf of all heirs or owners if: (i) the property has a value of $100,000 or less; and (ii) more than one person is entitled to file a claim for the property. (b) The claimant or claimants of a claim described in Subsection (3)(a) shall file with the claim: (i) an affidavit that satisfies the requirements of Section 75-3-1201; and (ii) a form prescribed by the administrator, signed by each claimant, in which the claimant agrees to: (A) receive the property in a fiduciary capacity and equitably distribute to each owner the portion of the property to which the owner is entitled; and (B) indemnify the state, the administrator, and the state's agents, officers, and employees against any liability on a claim to the property. (c) The claimant or claimants of a claim described in Subsection (3)(a) shall verify the claim for completeness and accuracy.