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Coverage

Unclaimed property

United States — abandoned retirement plans and the Retirement Savings Lost and Found (DOL)

NationalUSDerived or secondary source

United States (federal)

Rule id
unclaimed.us-dol
Version
1.0.0
In force from
August 17, 2006
Last read against its sources
August 5, 2026
Countries bound
United States

In plain language

What this regime says.

Old 401(k) balances get left behind, force-transferred into IRAs you never opened, or stranded when an employer abandons its plan. The Department of Labor runs a Retirement Savings Lost and Found under SECURE 2.0, an Abandoned Plan Database, and a free adviser service that will chase a plan for you.

Who is covered

Anyone who has ever been in a private-sector US retirement plan, and their beneficiaries.

What you get

The account balance, wherever it has ended up.

Where claims go wrong

  • Assuming a small balance was cashed out and paid to you. Small balances are more often transferred into an IRA in your name at a provider you have never heard of.
  • Searching only the Lost and Found, which is new and does not have every historic plan.
  • Not looking up the employer's Form 5500, which names the people who actually hold the money.
  • Leaving a force-transferred balance in cash for years while fees erode it.
The official claim route

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. 29 U.S.C. § 1150 (ERISA § 523)Employee Retirement Income Security Act of 1974, as amended by the SECURE 2.0 Act of 2022URL verified 2026-08-05§ 523 (Retirement Savings Lost and Found database maintained by the Department of Labor)
  2. 29 C.F.R. §§ 2578.1 and 2550.404a-3Code of Federal Regulations, Title 29URL verified 2026-08-05§ 2578.1 (termination of abandoned individual account plans), § 2550.404a-3 (safe harbour for distributions from terminated individual account plans)

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • There is no deadline for claiming this propertyA vested retirement benefit is your property and is not forfeited by being left behind. What changes over time is where it sits and what it is invested in — a force-transferred balance is typically parked in cash, where fees can erode it steadily. There is no deadline, but there is a cost to delay.29 U.S.C. § 1150 (ERISA § 523) — § 523 (Retirement Savings Lost and Found database maintained by the Department of Labor)Filing window

What it entitles you to, beyond money

  • A right to reclaim that no delay defeatsThe administrator holds this property as custodian. It never becomes the state's money, so there is no point at which it becomes too late to ask, and a gap of decades is not an answer to your claim. Do not let anyone tell you otherwise — including a finder trying to create urgency.§ 523 (Retirement Savings Lost and Found database maintained by the Department of Labor)
  • A route for heirs and estatesA deceased participant's account passes to the beneficiary named on the plan, which overrides a will. A surviving spouse is normally the default beneficiary of a 401(k) unless they consented in writing to someone else. Search under the participant's name and ask the plan or the IRA provider who the beneficiary of record is.§ 523 (Retirement Savings Lost and Found database maintained by the Department of Labor)
  • A free search of the official registerSearching the Retirement Savings Lost and Found and the Abandoned Plan Database costs nothing and requires no account, no fee and no intermediary. Search under every name you have used.

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

A "recovery agent" or "asset locator" contacts you first

high likelihood

A firm writes or calls saying it has located money in your name and will recover it for a share — commonly a quarter to a half — and asks you to sign a locator agreement before it will tell you where the money is or who holds it.

What answers it

Every register in this product is free to search and free to claim from, and the office holding the money will not pay a finder any faster than it pays you. You do not need to know where the money is to find it: search the official portal for your own name. If you have already signed, check the statutory finder rules for the jurisdiction — most void an agreement made within a defined window after the property reached the administrator and cap the fee thereafter, and an agreement that breaks those rules is unenforceable against you.

"The owner is deceased and you have not proved you are entitled"

high likelihood

The register holds property in a dead relative's name and the administrator asks for grant of probate, letters of administration or an equivalent that the family never obtained because the estate looked too small to be worth administering.

What answers it

Ask the office what its small-estate route is before you pay for probate. Most administrators will pay a modest sum to a surviving spouse or next of kin on an affidavit of heirship, a death certificate and proof of relationship, precisely because requiring a grant for a small balance would mean nobody ever claims it. Where the sum is large enough to need a grant, the existence of the asset is itself the reason to obtain one.

"We cannot match you to this record"

high likelihood

The administrator cannot tie the claimant to the reported owner because the address on the holder's record is decades old, the name is spelled differently, or a middle initial is missing.

What answers it

This is an evidential problem, not a refusal, and it is solved with documents rather than argument. Send whatever ties your identity to the address the holder reported: an old driving licence, a utility bill, a tax return, a lease, a bank statement, a marriage certificate for a name change, or a sworn statement where nothing else survives. Ask the office in writing which specific element it cannot match so you answer the actual gap rather than resending what it already has.

Where to take it next

  1. Search the Retirement Savings Lost and Found and the Abandoned Plan Database yourselfStart here, before anything else. Search every version of your name, former names, common misspellings, and the names of deceased relatives whose estate you may share in. Note the record reference for anything that matches.Claim directtypically 1 daysofficial page
  2. Ask the holder directly for anything not yet reportedProperty only reaches the register after the dormancy period, so the most recent money is still with the bank, insurer, employer or company that owes it. Write to them as well as searching the register, and ask specifically whether they hold any balance, dividend, refund or benefit in your name and whether it has been reported as unclaimed.Claim directtypically 30 days
  3. Ask an EBSA benefits adviser to interveneEBSA benefits advisers help individuals free of charge and will contact a plan administrator directly. This is the most under-used route in US retirement law and it works.Regulatortypically 60 daysofficial page
  4. File a claim with US Department of Labor, Employee Benefits Security Administration (EBSA)The claim form is free. Send it with proof of identity and proof of the connection between you and the address the holder reported. Keep a copy of everything you send and note the claim reference.Regulatortypically 90 daysofficial page
  5. Challenge a refusalBinding on themA refusal is an administrative decision, and administrative decisions can be reviewed. Ask in writing for the reason and for the internal review or appeal route, in that order. Only a very small number of unclaimed-property claims ever need a court, and almost all of those are disputes between rival claimants to the same estate rather than fights with the administrator.Court

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

England & Wales — unclaimed estates and bona vacantia (Administration of Estates Act 1925 s. 46)GB-EAWSub-nationalUnited KingdomAdministration of Estates Act 1925 (c. 23), s. 46(1)(vi)Confidence: mediumFrance — comptes inactifs et contrats en déshérence (loi Eckert; Ciclade)FRNationalFranceCode monétaire et financier, art. L. 312-20Confidence: highDeutschland — nachrichtenlose Konten (no central register; claim against the bank)DENationalGermanyBürgerliches Gesetzbuch, §§ 195, 199Confidence: lowIreland — dormant accounts and unclaimed life assurance (Dormant Accounts Act 2001)IENationalIrelandDormant Accounts Act 2001 (No. 32 of 2001)Confidence: mediumItalia — rapporti dormienti e il Fondo presso CONSAP (L. 266/2005, art. 1, commi 343–345)ITNationalItalyLegge 23 dicembre 2005, n. 266, art. 1, commi 343–345Confidence: mediumNederland — slapende tegoeden (bank and insurer registers; no statutory escheat)NLNationalNetherlandsBurgerlijk Wetboek, Boek 3, art. 3:306 and 3:307Confidence: lowEspaña — saldos y depósitos abandonados (Ley 33/2003, art. 18)ESNationalSpainLey 33/2003, de 3 de noviembre, del Patrimonio de las Administraciones Públicas, art. 18Confidence: mediumSwitzerland — dormant assets at Swiss banks (Banking Act art. 37m; Banking Ordinance arts. 45–59)CHNationalSwitzerlandBundesgesetz über die Banken und Sparkassen (Banking Act), art. 37mConfidence: medium

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.