A Complete Guide To Claim Unclaimed Property for a Deceased Owner in California
Claim unclaimed property for a deceased owner in California online:
Losing a loved one is never easy, and dealing with the legal and financial matters that follow can feel overwhelming. One of the issues that often gets overlooked is unclaimed property—assets that belonged to the deceased but were never claimed or distributed. The California State Controller’s Office (CA SCO) holds these funds, including bank accounts, stocks, bonds, or even unclaimed property from safe deposit boxes, until a rightful heir or estate administrator steps forward to claim them.
In this comprehensive guide, we’ll walk you through the process of claiming unclaimed property for a deceased person. Whether you are an heir or an administrator of the estate, understanding the required documentation and the step-by-step process will make the journey easier and help you recover what rightfully belongs to you or your loved one’s estate.
Step 1: Understanding What Happens to Unclaimed Property When the Owner Passes Away
When someone passes away, their assets—including any unclaimed property—may be left in limbo if they were never transferred or claimed. These assets are turned over to the California State Controller’s Office if they remain dormant for an extended period.
Common types of unclaimed property include:
- Bank accounts that were never closed or transferred
- Stock dividends that were never cashed
- Uncashed checks or insurance payouts
- Safe deposit box contents
If the owner of these assets has passed away, the property is still recoverable, but only by the rightful heirs or the administrator of the estate. The process to claim these funds can be straightforward if you have the correct documentation.
Step 2: Required Documentation for Claiming Property as an Heir or Estate Administrator
When the original owner of the unclaimed property is deceased, the California State Controller requires specific documentation to verify that you are legally entitled to claim the assets. The documents you will need depend on the circumstances surrounding the estate and whether probate was completed.
Here’s a breakdown of the required documents:
Death Certificate:
Death Certificate of the Deceased OwnerThe first document required in any unclaimed property claim for a deceased person is the death certificate of the account owner. This official document proves that the original owner has passed away, which allows the estate administrator or heir to move forward with claiming the assets.You can obtain a death certificate from the county where the death occurred, or through the California Department of Public Health’s Office of Vital Records.
Court Documentation:
Court Documentation or Probate Forms Depending on the size of the estate and whether probate was completed, you’ll need additional legal documentation.
Here are the primary options:
Certified Letters of Administration or Executor Appointment If the estate has gone through probate, you’ll need to submit a certified letter issued by the probate court, appointing the executor or administrator of the estate. This document must be dated within six months of your claim submission. You must also include the estate’s Federal Tax Identification Number (TIN), which can be obtained from the IRS. Court-Ordered Distribution of the Estate.
If the court has already distributed the estate’s assets, you’ll need to submit the official court-ordered document that specifies how the decedent’s assets are to be divided. This proves that the unclaimed property should be transferred to the beneficiaries as ordered by the court.
Estates Valued:
For Estates Valued Under $150,000If the deceased person’s estate was worth less than $150,000 and it was not probated (i.e., did not go through the court’s formal probate process), you can still file a claim for unclaimed property.
Here’s what you’ll need:
Copy of the Will or Trust Agreement If the deceased had a will or trust, you’ll need to provide a copy of these documents. These outline who the rightful heirs or beneficiaries are.Declaration Under Probate Code Section 13101.
This is a legal form you’ll need to complete, stating that the estate was not subject to formal probate and is valued under $150,000 (or $166,250 for deaths occurring between January 1, 2020, and March 31, 2022). This form, when completed and submitted along with the will or trust, allows you to claim unclaimed property without going through probate.
Table of Heirship Form:
Table of Heirship Form, If there is no will, trust, or formal probate order, you may need to submit a Table of Heirship Form (see Appendix A-4). This form outlines the deceased person’s family tree and specifies who the legal heirs are based on California’s intestacy laws (the laws that govern how property is distributed when someone dies without a will). The Table of Heirship form helps the CA SCO determine the rightful heirs and ensures that unclaimed property is distributed fairly.
Final Decree of Distribution :
Final Decree of Distribution for Larger EstatesIf the deceased person’s estate is valued at more than $150,000 (or $166,250 for deaths between January 1, 2020, and March 31, 2022), and the estate went through probate, you will need to provide a copy of the Final Decree of Distribution. This document, issued by the court, outlines how the deceased’s assets are to be divided among the heirs or beneficiaries.This decree is crucial for proving that the unclaimed property should go to the heirs as listed by the court.
Other Required Documents (As Needed):
In some cases, additional documents may be necessary, depending on the structure of the estate.
For example:
Community Property Confirmation Order: If the estate involves community property, you may need to provide a community property confirmation order under Probate Code Section 13656. Trustee Certificate: If the estate involves a trust, a Trustee Certificate under Probate Code Section 18100.5 may be required to prove that the trustee has the legal authority to claim the property.
Step 3: Filing Your Claim with the California State Controller’s Office
Once you’ve gathered all the necessary documentation, it’s time to file your claim with the California State Controller’s Office. The process can be completed either online or by mail, depending on your preference.
Filing a Claim Online
- Visit the CA SCO Unclaimed Property Website
Go to the [CA SCO Unclaimed Property webpage](http://www.sco.ca.gov/upd_claiming.html) and use their search tool to find unclaimed property under the deceased’s name. - Search for the Property
Enter the deceased person’s name to see if there is any unclaimed property in their name. If a match is found, follow the prompts to initiate the claim. - Generate the Claim Form
Once the unclaimed property is found, generate the claim form directly from the website. This form will include instructions on submitting your supporting documentation. - Upload Supporting Documents
Upload all the necessary documents, including the death certificate, court documentation, or Declaration Under Probate Code Section 13101, along with any other required paperwork.
Filing a Claim by MailIf you prefer to file your claim by mail,
follow these steps:
- Download the Claim Form
Visit the CA SCO website and download the claim form for unclaimed property. Complete the form with accurate information about the deceased and the unclaimed property. - Attach Supporting Documentation
Include copies of the required documents (e.g., death certificate, certified letters of administration, will, or Declaration Under Probate Code Section 13101). - Mail the Form and Documents
Mail the completed form and supporting documents to: State Controller’s Office Unclaimed Property Division P.O. Box 942850 Sacramento, CA 94250-5873
Step 4: What Happens After You Submit Your Claim?
Once your claim is submitted, the California State Controller’s Office will begin processing your request. Here’s what to expect:
- Document Verification
The CA SCO will review the documents you’ve submitted to verify that you are legally entitled to claim the property. They may contact you if additional information or clarification is required, so be sure to provide accurate contact details.
- Processing Time
The processing time can vary depending on the complexity of the claim and the volume of claims being handled. In general, you should expect the process to take several weeks to several months. You can follow up with the CA SCO if you haven’t heard back within a reasonable time frame.
- Claim Approval and Payment
Once your claim is approved, the CA SCO will issue payment or transfer ownership of the unclaimed property to you. Payments are typically issued by check, though other options may be available depending on the type of property.
Step 5: What to Do If Your Claim Is Denied
If your claim is denied, don’t panic. Denials often happen due to missing documentation or incomplete forms. Here’s what you can do:
- Review the Reason for Denial
The CA SCO will provide an explanation for the denial. Carefully review the reason and determine if any documents are missing or if corrections need to be made.
- Submit Additional Documentation
Gather any additional documents requested by the CA SCO and resubmit your claim with the corrections.
- Contact the CA SCO for Assistance
If you’re unsure why your claim was denied or need help gathering the required documents, contact the CA SCO for guidance.
Final Thoughts: Reclaiming Unclaimed Property for a Deceased Loved One
Claiming unclaimed property for a deceased loved one in California
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