What Is Unclaimed Property Under Delaware Law?
Under 12 Del. C. § 1153, property is presumed abandoned when the owner fails to claim it after a statutory dormancy period. Common unclaimed assets include bank accounts, security deposits, uncashed checks and insurance proceeds. The Delaware Division of Unclaimed Property, within the Department of Finance, safeguards these assets until owners or heirs claim them.
How Can Heirs Locate Unclaimed Property?
Heirs should start by searching the state’s official database at unclaimedproperty.delaware.gov. Enter the decedent’s full name, including any aliases or maiden names. Review all matches and note any property ID numbers. If you find a potential match but need more details, submit an inquiry form directly to the Division.
Steps to Claim Unclaimed Property
- Confirm eligibility: You must demonstrate your status as an heir or personal representative under Delaware law. See 12 Del. C. § 1163 for required documentation (12 Del. C. § 1163).
- Collect documents: Gather a certified death certificate, proof of relationship (e.g., birth certificate), letters testamentary or letters of administration, and any related account statements or contracts.
- Complete the claim form: Download the heir claim form from the Division’s website, fill in all sections, and attach your documents.
- Submit your claim: File online or mail your package to the Delaware Division of Unclaimed Property. There is no fee for filing a claim.
- Monitor and respond: The Division reviews claims and may request additional information. Respond promptly to avoid delays.
Common Challenges and Tips
Claims can be delayed by mismatched names or incomplete paperwork. Estates without probate may require supplemental affidavits. If multiple heirs submit competing claims, you may need a court order to determine distribution.
Helpful Hints
- Try different spellings, nicknames and maiden names when searching.
- Include former addresses or last known residence in your inquiry.
- Use certified copies of all legal documents; originals are rarely returned.
- Stay organized: track each property ID and submission date.
- If the estate is complex or contested, consider consulting a probate attorney.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.