Detailed Answer
Short overview: After the 90-day waiting window related to an unclaimed property claim in West Virginia, the state treasurer’s office will finish its verification and either pay the claim, request more documentation, or deny the claim. If the treasurer denies or does not pay the claim, the claimant has administrative and judicial options to pursue recovery. The West Virginia Uniform Unclaimed Property Act governs the process; see Chapter 36, Article 8 of the West Virginia Code for the controlling law: https://code.wvlegislature.gov/36-8/.
What the 90-day waiting period means
Many unclaimed property systems use a waiting period to allow time for verification, notification, and for any third parties (for example, co-owners or holders) to respond. In West Virginia, the Treasurer’s Office receives claims and supporting documentation, verifies identity and ownership, and checks records against its database and any holder records. The 90-day window is commonly used as a benchmark for internal processing and notices, but it is not the only time limit that may apply under law or policy.
What normally happens once the 90 days pass
- Verification completed: The Treasurer’s Office completes its review of your documents (proof of identity, proof of ownership, account statements, death certificates, etc.).
- Payment issued if approved: If the office verifies entitlement and finds no competing claims or defects in documentation, it will issue payment to the claimant. Payment speed varies; some claims are paid promptly after approval, while complex claims may take longer.
- Request for more information: If documentation is incomplete or additional proof is needed, the office typically notifies the claimant and explains what additional paperwork is required. You should respond promptly to avoid further delay.
- Denial or hold on the claim: The office may deny a claim or place the claim on hold if there are unresolved competing claims, identity issues, or if the evidence is insufficient. The office will generally provide a reason for denial and explain appeal or re-submission options.
- Competing claimant resolution: If more than one person or entity claims the same property, the Treasurer’s Office evaluates the claims and documentation to determine who has the superior claim. If unresolved administratively, the dispute can be litigated in court.
If the Treasurer’s Office does not pay within 90 days
If you do not receive payment within or soon after the 90-day period, take these steps:
- Check claim status via the Treasurer’s online claim portal or contact the unclaimed property division by phone or email. (Contact information is available at the West Virginia State Treasurer’s website: https://wvtreasurer.gov/.)
- If the office requested additional documentation and you did not receive that request, supply the missing documents promptly and keep records of all communications.
- If the claim was denied, request a written explanation and ask about internal appeal or re-opening procedures.
- If internal remedies are exhausted, consider filing a civil action in the appropriate West Virginia circuit court to press your claim. The Uniform Unclaimed Property Act and related provisions in Chapter 36, Article 8 govern legal rights and procedures; consult the statutes: https://code.wvlegislature.gov/36-8/.
Practical timelines and expectations
Processing times vary. Simple claims with clear documentation are often resolved within weeks after the waiting period. Complex claims (decedent estates, multiple owners, incomplete records) can take months. Respond quickly to information requests, and keep copies of everything you send.
Appeals and legal options
If the Treasurer’s Office denies your claim or you dispute its decision, you typically have administrative appeal options and the right to seek judicial review. The precise process and time limits are governed by statute and Treasury procedures. If you consider court, speak with an attorney about filing a civil action in the appropriate West Virginia circuit court and about possible remedies and costs.
Where the law is located
State law establishing the rules for unclaimed property claims in West Virginia appears in the West Virginia Code, Chapter 36, Article 8 (Uniform Unclaimed Property Act): https://code.wvlegislature.gov/36-8/. For practical procedures and contact information, visit the West Virginia State Treasurer: https://wvtreasurer.gov/.
Helpful Hints
- Keep originals and copies of proof (IDs, account numbers, statements, wills or letters of administration, death certificates). The Treasurer’s Office will need clear, verifiable documentation.
- Check your claim status online before calling. The Treasurer’s site often shows what stage your claim is in.
- Respond quickly to any Treasurer requests for additional documents. Delays in responding are the most common reason claims stretch past 90 days.
- If multiple people may claim the property, gather proof of your priority (account records, beneficiary designations, deeds, or wills).
- Avoid third-party “buyers” of unclaimed property who charge large fees; many claimants recover their property at little or no cost through the Treasurer’s process.
- Be aware of tax consequences. Some recoveries (for example, certain accounts or interest) may have tax implications—check with a tax advisor.
- If denied, ask for a written denial and an explanation of appeal rights. Document all communications and deadlines.
- Consider legal counsel if the claim is large, disputed, or involves estate matters. An attorney can explain litigation options and deadlines in West Virginia courts.