Detailed Answer
When a relative dies, assets may remain unclaimed due to outdated records or lack of estate administration. In Texas, unclaimed property falls under the Unclaimed Property Act (Chapter 76 of the Texas Property Code). Typical unclaimed items include forgotten bank accounts, uncashed checks, safe-deposit box contents, and insurance benefits.
1. Search the Texas Unclaimed Property Database
The Texas Comptroller of Public Accounts maintains an online database at comptroller.texas.gov/programs/unclaimed. Enter the decedent’s name to locate potential matches. Use variations of the name to broaden results.
2. Verify Your Heirship and Gather Documentation
To file a claim, you must prove your right as an heir. Common documents include:
- Certified death certificate of the decedent.
- Proof of relationship (birth certificates, marriage certificates).
- Letters testamentary or letters of administration from probate court, if available.
- Affidavit of heirship for small estates (under $75,000) as per Section 76.201.
3. Complete and Submit the Claim
File a claim online or by mail using the forms on the Comptroller’s website. Provide all required proofs. Refer to Section 76.202 for detailed procedures.
4. Await Review and Payout
After submission, the Comptroller reviews your documents. This review often takes four to six weeks. The office may request additional information. Once approved, the funds are sent by check.
Legal Considerations
There is no statute of limitation to claim property under the Texas Unclaimed Property Act. However, if the decedent’s estate is already in probate, unclaimed assets may be administered through that estate. Consider consulting an attorney if assets exceed the small estate threshold or if multiple heirs contest the claim.
Helpful Hints
- Search nationwide unclaimed property databases (e.g., USA.gov/unclaimed-money) to catch assets held in other states.
- Keep certified copies of all documents; never send originals by mail.
- Track your claim via the Comptroller’s online portal.
- Use an affidavit of heirship for estates under $75,000 to avoid probate delays.
- Consult a probate attorney for complex estates or if heirship is disputed.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.