Guide · 04

Claiming money a relative left behind.

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A large share of unclaimed money belongs to people who have died. Small amounts — a dormant bank account, an uncashed final paycheck, an old insurance refund — go unclaimed by the estate because no one knew they existed. If you are a legal heir, you can claim this money. The process is more involved than a living- owner claim, but it's navigable without a lawyer for most cases.

Who counts as a legal heir

State inheritance laws determine who is entitled to claim a deceased person's unclaimed property. The typical order of priority (in the absence of a will or probate estate) is:

  1. Surviving spouse
  2. Children (split equally)
  3. Parents
  4. Siblings
  5. More distant relatives (nieces, nephews, cousins)

If the deceased had a formal will or estate, the executor — not individual heirs — typically files the claim on behalf of the estate, and funds are distributed according to the will.

Documentation you'll need

  • Certified death certificate. Most states require an original certified copy, not a photocopy.
  • Proof of your relationship to the deceased. Birth certificate, marriage certificate, or adoption records.
  • Your government ID and Social Security number.
  • A small estate affidavit (for claims under a state-defined threshold, often $50k–$150k, that avoid formal probate).
  • Letters testamentary or letters of administration (for claims involving formal probate estates — issued by the probate court).
  • If multiple heirs: a waiver or consent form from other heirs, or documentation that the claim is being split as required by law.

Where to look

Check every state where your deceased relative ever lived, not just the state where they died. A person who spent their career in three states may have unclaimed property in all three. Unclaimed property is filed under the address the holder had on file at the time of escheatment, which may be decades old.

Also check under maiden names, former names, middle-name variations, and any common misspellings. Large unclaimed stock holdings are particularly often filed under names that are slightly misrecorded.

When a lawyer is worth it

Most heir claims for amounts under $10,000 can be handled without legal help. For larger claims, multi-state estates, or situations with contested heirs, a probate attorney is often worth the fee. An attorney is also generally better than a recovery firm in these cases — attorneys charge flat or hourly fees that often come out lower than a recovery firm's percentage on a large estate.