SAFER Act of 2026

Key Points

• This bill creates federal rules that prevent states from seizing investment accounts, stocks, and cryptocurrency through unclaimed property (escheatment) laws when the account holder is still alive. Financial institutions would be barred from handing over these assets to states prematurely.
• For accounts owned by individuals, a bank or investment firm cannot surrender assets to the state unless they have confirmed the owner died at least three years ago and no one managing the estate has shown interest in the assets during that time.
• Banks and crypto exchanges must check government death records every five years for customers who have reached retirement age and have not been in contact. This helps ensure assets go to rightful heirs rather than being swept up by state treasuries.
• The law covers traditional securities like stocks and bonds as well as digital assets such as cryptocurrency. It specifically includes centralized crypto exchanges as financial institutions subject to these rules.
• This federal law would override any conflicting state laws that try to claim these assets sooner, creating a uniform national standard. However, it would not block state communication requirements or an owner's right to seek legal remedies for mishandled assets.