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A.R.S. § 12-882

Duty of department of revenue regarding escheats; complaint and parties

Applied in 1 court decision — leading case Estate of Walton v. State Ex Rel. Arizona Department of Revenue (1990)

Most recently applied in Estate of Walton v. State Ex Rel. Arizona Department of Revenue (June 1990)

A. When the director of the department of revenue has reason to believe that property or estate has escheated to the state, he shall file a complaint in behalf of the state in the superior court of the county where such property or some part thereof is situated, setting forth:

1. A description of the property or estate.

2. The name of the person last lawfully seized or possessed thereof.

3. The names of tenants or persons in actual possession, if any, and the names of persons claiming the property or estate, if any are known to claim it.

4. The facts and circumstances in consequence of which such property or estate is claimed to have escheated.

5. A prayer for a writ of possession for the property or estate in behalf of the state.

B. The tenants or persons in actual possession of the property or estate, and the persons claiming it, or any right, title or interest therein, shall be named parties defendant in the complaint.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.