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Senate · Passed · 2025-2026 Regular Session

SB 403: Unclaimed Property; property is presumed abandoned; provide for exceptions

Last action July 1, 2026 · Effective Date

Senate Bill 403 rewrites parts of Georgia's unclaimed property law, letting the state pay out small unclaimed amounts without a claim, skip probate court for some heirs, and briefly delay public listing of certain stock property.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest the General Assembly's website lists.

In plain language

Georgia's unclaimed property law lets the state hold onto money and property that owners never claim, listed on the Georgia Unclaimed Property List. This bill changes several parts of that system. It lets the state Commissioner delay publishing notice about certain business stock holdings until the property itself is actually turned over to the state. It creates a new option for the state to pay out unclaimed cash of $500 or less automatically, without waiting for a claim, as long as the owner is a single natural person whose identity has been verified, and any such payment is first applied against unpaid state taxes. The bill also lets heirs skip getting a probate court order to claim a deceased owner's unclaimed property, as long as all heirs sign an affidavit agreeing on how to divide it, funeral and estate debts are paid, and the total unclaimed property is $7,500 or less with no pending probate case. It updates the definition of 'due diligence' notice to include email in some cases and lets the Department of Revenue share otherwise confidential tax records to verify identities under this law.

What the bill does

  • Lets the Commissioner delay publishing notice on the Georgia Unclaimed Property List for certain business stock holdings until the property is actually delivered to the state.
  • Creates a new definition of 'adult' (18 or older) and 'heir' (spouse, child, parent, or sibling of a deceased owner) for unclaimed property claims.
  • Allows the state to pay out unclaimed cash of $500 or less to a verified individual owner without requiring that person to file a claim first.
  • Requires that any unclaimed property payment be applied first against the recipient's unpaid state tax debt before being sent to them.
  • Waives the requirement for a probate court order when heirs jointly claim $7,500 or less in unclaimed property, if they sign an affidavit agreeing on the division and confirming debts are paid.
  • Allows the Department of Revenue to share otherwise confidential tax records with itself to verify identities of owners and heirs under the unclaimed property law.

Who it affects

People who have unclaimed money or property listed with the Georgia Department of Revenue, especially heirs settling a deceased relative's small estate, individuals owed small cash amounts, holders of stock and business shares reported to the state, and anyone with unpaid state tax debt who is due an unclaimed property payment.

Why it matters

Heirs of small estates could get unclaimed property faster and cheaper without hiring a lawyer for probate court, and some Georgians could receive small unclaimed payments automatically. But anyone owing back state taxes would see that debt deducted first, and some stock listings could take longer to appear publicly.

Key provisions

  • Section 1 amends O.C.G.A. § 44-12-192 to define 'adult' and 'heir,' and updates 'due diligence' notice rules to require email plus mail when available, and certified mail for amounts over $10,000.
  • Section 2 amends O.C.G.A. § 44-12-215 to let the Commissioner delay publishing notice on business stock holdings until the property is actually remitted to the state.
  • Section 3 amends O.C.G.A. § 44-12-220 to allow claim payments by check or electronic transfer, credited first against unpaid state tax debt, and to allow payments up to $500 without a claim for verified individual owners.
  • Section 3 also waives the probate court order requirement for heirs claiming $7,500 or less in unclaimed property if all heirs sign an affidavit and no probate case is pending.
  • Section 3 makes unclaimed property purchase and recovery agreements signed after July 1, 2026 unenforceable for 120 days after payment or delivery.
  • Sections 4 and 5 amend O.C.G.A. §§ 48-2-15 and 48-7-60 to let the Department of Revenue use otherwise confidential tax records to administer the unclaimed property claims process.

From the bill

“The commissioner shall also be authorized to make payments pursuant to this article without having received a claim, provided that the: (A) Property is cash; (B) Apparent owner is a natural person and is the sole owner of such property”

Creates a new option for the state to pay small unclaimed cash amounts automatically without a claim.

“An order of a probate court shall not be required for a claimant who is an heir of a deceased owner if the claimant files an affidavit with the department, signed by all heirs, stating that all heirs have amicably agreed upon a division of the estate”

Lets heirs skip probate court for small unclaimed estates if they all agree in a signed affidavit.

Discussed in meetings (14)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

  1. Senate Finance Committee, February 2, 2026

    From 0:18:41 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 403 would return unclaimed money faster with fewer forms and administrative barriers. The sponsor described automatic payments of $500 or less using tax-record matches, reporting of abandoned cryptocurrency, simpler inheritance claims through small-estate affidavits, stronger outreach by property holders, state ownership of some small or long-abandoned property, and publication after the state receives property. A Department of Revenue representative said claims had doubled over the previous year and were expected to double again, making automation important with limited staffing. Asked about dormant accounts, the representative said online account viewing would count as activity and help prevent property from being treated as abandoned. The representative said automatic payments would require confirmed identity and address matches. In response to inheritance questions, the representative said recipients signing affidavits would be responsible for distributing money owed to other heirs. The representative said no interest is paid and abandoned cryptocurrency would be converted to dollars, like stocks. Department representatives could not confirm whether they use an insurance-policy locator and offered to follow up. The committee adopted a credit-union-requested amendment adding financial organizations alongside banking organizations in the cryptocurrency provision, then approved the amended substitute. No opposition was voiced.

  2. Senate Rules Committee, February 4, 2026

    From 0:15:22 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 403 as a Department of Revenue agency bill intended to return unclaimed money to Georgians faster, with fewer forms, lower costs and fewer administrative barriers. The sponsor said $3.3 billion in people's unclaimed money was being held in the general fund. No members asked questions. Later, a committee member requested the bill for the floor calendar, and the committee unanimously approved sending it to the floor along with two other bills.

  3. Senate floor session, February 5, 2026 (legislative day 13)

    From 1:55:50 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Engrossed)

    Summary by Georgia Commons: The Senate first approved a joint motion covering SB 403 and HB 414 to prevent floor amendments, by 29-20 after objections from two senators. Later, the sponsor presented a committee substitute for SB 403, saying the Department of Revenue held $3.3 billion in unclaimed property and the claims process was cumbersome. The sponsor said the bill would automatically return small amounts through exact matches with tax records, allow virtual currency to be reported and transferred, and let small estates use an affidavit rather than probate. The sponsor also described stronger outreach before property reaches the state, permanent state ownership of very small or long-abandoned property, including a 25-year period, and delayed publication of listings until property is received. The sponsor said these changes would return money faster with fewer forms, costs and barriers. No questions were asked. The Senate adopted the committee substitute without objection and passed the bill by substitute, 50-0.

  4. House Judiciary Committee, March 16, 2026

    From 0:33:29 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said SB 403 would return unclaimed property faster, citing $3.3 billion held by Georgia. The sponsor described automatic tax-record-matched payments of $500 or less, heir claims up to $15,000 by affidavit instead of a probate order, stronger owner outreach, and liquidation of abandoned cryptocurrency before transfer to the state. The bill would also permit permanent state ownership after 25 years, or after five years for amounts under $10. One member opposed presuming cryptocurrency abandoned when owners intended to leave it untouched. A Department of Revenue representative described account-interaction protections and a process for managers to identify property as not abandoned. Members questioned creditor notice and affidavit risks; department lawyers described old or unprobated estates and existing creditor claims through court orders. Other members raised due-process concerns, including owners unable to access online registries. Department representatives cited other states’ laws, acknowledged Ohio litigation, and said processing claims costs $25 to $30 each. One member supported avoiding those costs for tiny claims. A member suggested changing the probate language to cover previously filed cases; department representatives accepted the idea, but no amendment was voted on. The chair held the bill after the hearing and said it would return Thursday.

  5. House Judiciary Committee, March 19, 2026

    From 2:13:03 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The presenting member said the revised bill aimed to return more of the state’s approximately $3 billion in unclaimed property to owners. The member described cryptocurrency provisions limited to accounts opened July 1, 2026, or later, a simplified estate-claim threshold reduced from $15,000 to $7,500, and protections for previously filed or pending Georgia probate cases. The member also described ending claims to amounts under $20 after seven years and amounts under $7,500 after 30 years, with those provisions beginning in 2028. Department of Revenue witnesses discussed proposed language allowing a custodian to receive virtual currency and liquidate it upon receipt. One committee member questioned the timing, legal authority and cost of an automatic matching system, and warned that ending claims could take owners’ property and invite litigation. Department witnesses said the system required authorization, could be developed by existing staff without additional funding, and was expected by summer 2027. They said ending claims was separate from automatic matching and was not necessary for it. The presenting member proposed replacing a remaining reference to escheatment with waiver-and-release language, which the department supported. No motion to advance the bill was made, and the chair declared it failed.

  6. House Rules Committee, March 27, 2026

    From 0:23:57 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor described SB 403 as a Department of Revenue proposal to simplify finding unclaimed property and returning it to its owners. The sponsor said Georgia held $3.3 billion in unclaimed property and that the Judiciary Committee had removed two sections to address members’ concerns. No members asked questions. Later, the committee placed the bill on the legislative day 38 floor calendar without stated opposition.

  7. House floor session, March 27, 2026 (legislative day 38, part 2)

    From 1:11:07 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3386

    Summary by Georgia Commons: The presenter said SB 403 would make it easier to return unclaimed money through an exact-match program that could issue payments similarly to tax refunds. The presenter said the state held $3 billion in unclaimed funds and that the committee had extensively amended the bill after three hearings, including adding probate safeguards. No questions were asked. The House adopted the committee substitute and passed the bill 158 to 0.

  8. Senate floor session, March 31, 2026 (legislative day 39, part 2)

    From 3:45:36 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)

    Summary by Georgia Commons: The sponsor described the bill as a Department of Revenue proposal to return unclaimed property. The sponsor said the House removed provisions on cryptocurrency and on the state keeping money after 25 years because of objections in House Judiciary. The sponsor said the remaining bill would allow exact matching with tax records to help return $3.3 billion in unclaimed property to taxpayers. No questions followed. The Senate agreed to the House substitute, 49 to 0.

Status timeline

  1. 2026-07-01Effective Date
  2. 2026-05-05Act 410
  3. 2026-05-05Senate Date Signed by Governor (Senate)
  4. 2026-04-10Senate Sent to Governor (Senate)
  5. 2026-03-31Senate Agreed House Amend or Sub (Senate)
  6. 2026-03-27House Passed/Adopted By Substitute (House)
  7. 2026-03-27House Third Readers (House)
  8. 2026-03-25House Committee Favorably Reported By Substitute (House)
Show full history (17 actions)
  1. 2026-02-09House Second Readers (House)
  2. 2026-02-06House First Readers (House)
  3. 2026-02-05Senate Passed/Adopted By Substitute (Senate)
  4. 2026-02-05Senate Third Read (Senate)
  5. 2026-02-05Senate Engrossed (Senate)
  6. 2026-02-04Senate Read Second Time (Senate)
  7. 2026-02-03Senate Committee Favorably Reported By Substitute (Senate)
  8. 2026-01-16Senate Read and Referred (Senate)
  9. 2026-01-15Senate Hopper (Senate)

Sponsors

  • Kay Kirkpatrick (R, SD-32)Primary sponsor
  • Larry Walker, III (R, SD-20)
  • Jason Anavitarte (R, SD-31)
  • Elena Parent (D, SD-44)
  • John Albers (R, SD-56)
  • Lee Anderson (R, SD-24)
  • Billy Hickman (R, SD-4)
  • Clint Dixon (R, SD-45)
  • Randy Robertson (R, SD-29)
  • Shawn Still (R, SD-48)
  • Carden Summers (R, SD-13)
  • Ben Watson (R, SD-1)
  • Bo Hatchett (R, SD-50)
  • Chuck Hufstetler (R, SD-52)
  • Chuck Payne (R, SD-54)
  • Drew Echols (R, SD-49)
  • Jason T. Dickerson (R, SD-21)
  • Max Burns (R, SD-23)
  • Rick Williams (R, SD-25)
  • Mike Hodges (R, SD-3)
  • Matt Brass (R, SD-6)
  • Ed Setzler (R, SD-37)
  • Timothy Bearden (R, SD-30)
  • Ed Harbison (D, SD-15)
  • Sonya Halpern (D, SD-39)
  • Sally Harrell (D, SD-40)
  • Marty Harbin (R, SD-16)
  • Russ Goodman (R, SD-8)
  • Sam Watson (R, SD-11)
  • Nan Orrock (D, SD-36)
  • Brian Strickland (R, SD-42)
  • Matt Reeves (R, HD-99)

Votes

  1. PassedSenate voteFebruary 5, 2026

    29 yea, 20 nay (1 not voting, 4 excused)

    MOTION TO ENGROSS: SB 403, HB 414: Senate Vote #518

  2. PassedSenate voteFebruary 5, 2026

    50 yea, 0 nay (0 not voting, 4 excused)

    PASSAGE BY SUBSTITUTE: Senate Vote #520

  3. PassedHouse voteMarch 27, 2026

    158 yea, 0 nay (3 not voting, 15 excused)

    PASSAGE: House Vote #785

  4. PassedSenate voteMarch 31, 2026

    49 yea, 0 nay (1 not voting, 4 excused)

    AGREE TO HOUSE SUBSTITUTE: Senate Vote #915

Topics

  • unclaimed property
  • probate and inheritance
  • state tax records
  • consumer protection

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SB403: Unclaimed Property; property is presumed abandoned; provide for exceptions | Georgia Commons