How to Claim Property Belonging to a Deceased Relative

When unclaimed property is reported in the name of a deceased individual, the claimant must prove both their identity and their legal authority to act on behalf of the estate.

What you will typically need

• Death certificate for the deceased property owner
• Proof of relationship to the deceased
• Legal authority documents, such as:
  • Letters testamentary or letters of administration issued by a probate court
  • A court order appointing you as executor or administrator
  • Trust documents if the property is held in a trust
• Proof of identity for the person filing the claim

Probate considerations

If the estate went through probate, the court-appointed executor or administrator typically files the claim. If the estate was small enough to qualify for a simplified probate procedure (often called a "small estate affidavit"), the requirements may be different. Requirements vary by state and by the value of the estate.

If there is no probate

Some states allow a claim to be filed without formal probate if the estate is below a certain threshold. The claimant may need to provide an affidavit of heirship or a small-estate affidavit. These requirements vary by state, and we recommend consulting an attorney if the situation is complex.

How we help

Recover My Property can help identify what documents are needed, organize the claim package, and follow through with the responsible agency. We do not provide legal advice and may recommend consulting an attorney for complex estate matters. Our fee is contingent on successful recovery.

Learn more about heirs and estates claims or contact us with questions.