The Safeguarding Americans' Fairly Earned Retirement Act of 2026, or SAFER Act, seeks to prevent the premature escheatment of certain assets held by financial institutions. It prohibits institutions from yielding custody of covered assets , including securities, digital assets, and investment accounts, to states under unclaimed property laws unless specific conditions are met. For natural persons, this generally requires confirmation of death at least three years prior, with no fiduciary interest, or the death of other co-owners. For entities other than natural persons, there must be no record of contact for at least five years. Furthermore, for natural persons who have reached retirement age, financial institutions are mandated to periodically check death databases after five years of account inactivity. This Act preempts any State law that conflicts with its provisions regarding the remittance or transfer of these assets. However, it clarifies that it does not preempt state communication requirements or prevent asset owners from pursuing remedies for mishandling or improper escheatment.
Referred to the House Committee on Financial Services.
SAFER Act of 2026
USA119th CongressHR-8338| House
| Updated: 4/16/2026
The Safeguarding Americans' Fairly Earned Retirement Act of 2026, or SAFER Act, seeks to prevent the premature escheatment of certain assets held by financial institutions. It prohibits institutions from yielding custody of covered assets , including securities, digital assets, and investment accounts, to states under unclaimed property laws unless specific conditions are met. For natural persons, this generally requires confirmation of death at least three years prior, with no fiduciary interest, or the death of other co-owners. For entities other than natural persons, there must be no record of contact for at least five years. Furthermore, for natural persons who have reached retirement age, financial institutions are mandated to periodically check death databases after five years of account inactivity. This Act preempts any State law that conflicts with its provisions regarding the remittance or transfer of these assets. However, it clarifies that it does not preempt state communication requirements or prevent asset owners from pursuing remedies for mishandling or improper escheatment.