Can I Claim Unclaimed Money from Deceased Relatives?

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  • Unclaimed money refers to financial assets that their rightful owner hasn’t claimed after a period of time.
  • Common sources of unclaimed money from deceased relatives include bank accounts, life insurance policies, pensions, and investments.
  • Use government and private databases to search for unclaimed money.
  • Close family members or named beneficiaries are generally eligible to claim unclaimed assets.
  • Legal documentation like proof of relationship and a death certificate is required to claim the assets.
  • Probate may be necessary if the estate is large or there are disputes, but small estates can sometimes avoid it.
  • Some assets with designated beneficiaries or smaller amounts can be claimed without probate.
  • The state may eventually claim unclaimed money under escheat laws if not recovered by heirs.

When a family member passes away, the process of dealing with their estate can be complex and emotionally challenging. Among the legal responsibilities, you might come across unclaimed money or assets that belonged to the deceased. This could raise questions like, “Can I claim unclaimed money from deceased relatives?”

Can I Claim Unclaimed Money from Deceased Relatives?

The answer depends on various factors, including inheritance laws, the state or country where the assets are held, and the type of asset involved. In this blog post, we’ll walk you through everything you need to know about claiming unclaimed money from deceased relatives.

This includes understanding what unclaimed money is, how to find it, and the steps required to claim these assets.

What Is Unclaimed Money?

Unclaimed money refers to financial assets that their rightful owner has not claimed after a certain period of time. These could include anything from savings accounts, life insurance policies, stocks, and bonds to tax refunds or utility deposits.

In many cases, people may lose track of these assets or simply be unaware that they exist. When the owner passes away, the assets remain unclaimed until an heir steps forward.

Common Sources of Unclaimed Money from Deceased Relatives

There are several types of unclaimed assets that might be left behind by deceased relatives. Some of the most common include:

  • Bank accounts: If a deceased relative had a dormant bank account, the funds might remain unclaimed for years.
  • Life insurance policies: Life insurance benefits may go unclaimed if beneficiaries are unaware of the policy or don’t know how to file a claim.
  • Pension plans: Some deceased relatives may have been entitled to pension payouts or retirement savings accounts that never got disbursed.
  • Stocks and bonds: Investments can sometimes be forgotten about or left behind, especially if purchased long ago.
  • Tax refunds: In some cases, people may be owed tax refunds, which can also go unclaimed after someone passes away.

Understanding where to look for unclaimed money is the first step, but more importantly, knowing if you are legally entitled to claim it is essential.

1. How to Search for Unclaimed Money from Deceased Relatives

Now that we know what unclaimed money is, the next step is finding out if your deceased relative left behind any assets. Fortunately, various tools and government websites make it easier to locate unclaimed property.

Government Databases

The most straightforward method to start your search is to use government databases. In the U.S., for example, the National Association of Unclaimed Property Administrators (NAUPA) provides a free service that allows you to search state-by-state for unclaimed assets.

Many states also have their own websites dedicated to unclaimed property where you can perform similar searches.

Other federal databases you may want to explore include:

  • Pension Benefit Guaranty Corporation: Useful for tracking down unclaimed pensions.
  • FDIC: Helps locate unclaimed bank accounts from closed financial institutions.
  • Veteran Affairs: For veterans, it is possible to find unclaimed benefits through this agency.

Private Search Tools

In addition to government resources, some private tools and services help you locate unclaimed money. Some charge a fee, while others offer free searches. These websites can be beneficial for tracking down harder-to-find assets that might not appear in government databases.

Once you’ve located unclaimed money, the next question is, “Can I claim unclaimed money from deceased relatives?” And, if so, what steps do you need to take?

2. Legal Rights to Claim Unclaimed Money

Before proceeding with any claims, it is crucial to determine whether you are legally entitled to the unclaimed money. Generally, only close family members or those explicitly named in a will have the right to inherit unclaimed assets. In some cases, the estate must go through probate court to determine rightful ownership of the assets.

Who Can Claim?

Typically, immediate family members such as spouses, children, or parents are entitled to claim unclaimed assets. If no immediate family members are available, more distant relatives like siblings, nieces, nephews, or cousins may have a claim. If the deceased person left behind a will, it will specify the beneficiaries of the estate, including any unclaimed money.

Read Also:  Do I Have Unclaimed Money in Indiana?

However, in the absence of a will, the “intestate succession” rules come into play. These are state-specific laws that dictate how the deceased’s assets should be distributed among surviving relatives. If no relatives come forward, the state may ultimately claim the assets under escheat laws, meaning the government takes possession.

Required Documentation

If you are eligible to claim unclaimed money from a deceased relative, you will generally need to provide the following documentation:

  • Proof of your relationship to the deceased (birth certificates, marriage licenses, etc.).
  • The death certificate of the deceased.
  • A copy of the will, if one exists.
  • Proof of identification (government-issued ID, passport, etc.).
  • Any other legal paperwork requested by the institution holding the assets, such as letters of administration from probate court.

Having all of this documentation in place will make the claims process smoother.

3. Navigating the Probate Process

In many cases, unclaimed money from deceased relatives will need to pass through probate court. Probate is a legal process in which the court reviews the deceased person’s estate, validates the will, and oversees the distribution of assets to heirs.

During probate, the court will also resolve any outstanding debts or claims against the estate before any money can be distributed to heirs.

When Probate is Required

Not all estates must go through probate. Small estates or those in which the deceased’s assets were held in joint tenancy or a living trust may bypass this process. However, if there is a significant amount of unclaimed money or if multiple heirs dispute claims, probate will usually be required.

Working with an Attorney

Since probate can be a complicated legal process, it is often beneficial to work with an attorney, particularly if the estate is large or there are disputes over the assets. The attorney can help you navigate state laws, file the necessary paperwork, and ensure you receive your share of the unclaimed money.

4. Claiming Unclaimed Money without Going Through Probate

In some cases, it may be possible to claim unclaimed money from deceased relatives without going through probate. This typically happens when the amount in question is relatively small or when the asset is already designated to a beneficiary, such as in a payable-on-death (POD) account or an insurance policy with named beneficiaries.

Small Estates Affidavits

Some states allow heirs to claim small estates without going through the full probate process by using a “small estates affidavit.” This legal document allows you to claim assets if the total value of the estate falls below a certain threshold, which varies by state.

To use a small estate affidavit, you must submit a form to the financial institution or government agency holding the unclaimed money, along with proof of your relationship to the deceased. If the claim is approved, the assets will be released to you without the need for probate court involvement.

Frequent Asked Questions

Here are some of the related questions people also ask:

What is unclaimed money from a deceased relative?

Unclaimed money refers to financial assets such as bank accounts, insurance policies, pensions, or investments that have not been claimed by the deceased’s beneficiaries or heirs.

How do I find unclaimed money from a deceased relative?

You can search government databases like the National Association of Unclaimed Property Administrators (NAUPA) or use private search tools to locate unclaimed money from a deceased relative.

Am I legally entitled to claim unclaimed money from a deceased relative?

Immediate family members like spouses, children, and parents are usually eligible to claim unclaimed money. In the absence of close relatives, more distant relatives may be entitled under inheritance laws.

What documentation is needed to claim unclaimed assets from a deceased relative?

To claim unclaimed assets, you will typically need proof of your relationship to the deceased, their death certificate, a copy of the will (if available), and personal identification.

Can I claim unclaimed money from a deceased relative without going through probate?

Yes, you may be able to claim smaller amounts or assets with named beneficiaries without probate, especially by using a small estates affidavit in certain cases.

What is the probate process when claiming unclaimed money?

Probate is a legal process that verifies the deceased’s will and oversees the distribution of assets. It ensures that claims are settled and that rightful heirs receive their inheritance.

What happens if no one claims unclaimed money from a deceased relative?

If no heirs or beneficiaries claim the unclaimed money, the assets may eventually be transferred to the state under escheat laws.

Can distant relatives claim unclaimed money from deceased family members?

Distant relatives like siblings, nieces, nephews, or cousins may be able to claim unclaimed money if no immediate family members are available, but this depends on inheritance laws.

How long do I have to claim unclaimed money from a deceased relative?

There is often no fixed time limit, but acting quickly is advisable since unclaimed assets may eventually be turned over to the state if left dormant for an extended period.

The Bottom Line: Can I Claim Unclaimed Money from Deceased Relatives?

In summary, can I claim unclaimed money from deceased relatives? Yes, but the process depends on various factors, including your relationship to the deceased, the type of asset, and whether the estate must go through probate. The first step in claiming unclaimed assets is to conduct a thorough search using government and private databases. Once you’ve identified any unclaimed money, you’ll need to determine whether you are legally entitled to claim it. This usually involves providing documentation and possibly going through the probate process.

In many cases, immediate family members like spouses, children, and parents are entitled to claim unclaimed assets. However, more distant relatives may also have a claim if no immediate family exists. If the estate is small or if the assets are tied to a beneficiary designation, you may be able to avoid probate altogether by using tools like small estates affidavits.

Finally, it’s important to remember that time is of the essence. While unclaimed money may sit dormant for years, eventually, it could be turned over to the state under escheat laws. If you believe you are entitled to unclaimed money from a deceased relative, it’s a good idea to start the process sooner rather than later.

By taking the right steps and gathering the necessary documentation, you can successfully claim unclaimed money and secure your rightful inheritance.