Detailed Answer
Under New York law, estate administration and unclaimed property claims fall under two distinct jurisdictions.
1. Estate Administration – Surrogate’s Court
When someone dies owning assets in New York, the Surrogate’s Court in the decedent’s county of residence (or where they held property) handles probate and administration. This court issues letters testamentary or letters of administration, reviews estate inventories, and oversees accountings. Its authority derives from New York’s Estates, Powers & Trusts Law § 301. For more detail, see EPT § 301: https://www.nysenate.gov/legislation/laws/EPT/301.
2. Unclaimed Property – Office of the State Comptroller
New York’s Abandoned Property Law requires businesses and financial institutions to turn over unclaimed funds to the Division of Unclaimed Funds within the Office of the State Comptroller. This office maintains an online database of unclaimed property (including bank accounts, life insurance proceeds, security deposits, and more). To search or file a claim, visit the Comptroller’s Unclaimed Funds portal: https://www.osc.state.ny.us/unclaimed-funds. You may need to provide proof of entitlement and identity before the Comptroller releases any funds.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Locate the Surrogate’s Court in the county where the decedent lived. Most counties list hours, addresses, and forms online.
- Gather the original death certificate, any known will, and a list of assets before filing in Surrogate’s Court.
- Check whether the decedent held property in multiple counties; you may need separate estate proceedings.
- Search the Comptroller’s unclaimed property database by name and location before submitting a claim.
- Prepare identification (driver’s license or passport) and documentation proving your relationship to the decedent or account holder when claiming funds.