How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in NY?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Understanding Unclaimed Property in New York

New York classifies assets as unclaimed when the owner fails to contact the holder for a specified dormancy period. Common assets include bank accounts, uncashed checks, utility deposits, insurance proceeds, securities, and contents of safe deposit boxes. The New York Abandoned Property Law (Article 13) governs this process; see N.Y. Abandoned Property Law § 1310 for definitions.

Searching the State Comptroller’s Database

The New York State Comptroller maintains the official unclaimed funds database. To search:

  1. Visit osc.state.ny.us/unclaimed-funds.
  2. Enter the deceased relative’s full name and last known city.
  3. Review matching records and note the certificate number.

Contacting County Offices and Surrogate’s Court

If you suspect assets like safe deposit box contents or local government checks, contact the county clerk or the Surrogate’s Court in the county where your relative resided. Each office may maintain separate unclaimed property listings.

How to File a Claim

Once you identify unclaimed property, file a claim with the Comptroller’s office:

  1. Obtain a claim form online or by mail from the Comptroller.
  2. Gather required documents:
    • Certified copy of the relative’s death certificate.
    • Proof of heirship, such as probate court letters or an affidavit of heirship.
    • Government-issued photo ID and Social Security number for the heir.
  3. Complete and notarize the claim form.
  4. Submit the claim online or send to:
    Office of the State Comptroller, Unclaimed Funds Division, 110 State Street, Albany, NY 12236.
  5. Allow 4–6 weeks for processing. The Comptroller verifies documents before issuing payment.

Under N.Y. Abandoned Property Law § 1316, the Comptroller must approve valid claims.

Helpful Hints

  • Begin with a thorough search of the Comptroller’s online database.
  • Check multiple name spellings and locations to avoid missing records.
  • Keep certified copies of all submitted documents.
  • Follow up if you do not receive a confirmation within two weeks.
  • Consider consulting a probate attorney if you encounter disputes over heirship.
  • Store digital copies of death certificates and affidavits for future reference.
  • Document all correspondence with state and county offices.
  • Monitor the Comptroller’s site periodically for newly reported property.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.