The Short Answer

In Pennsylvania, estate funds can end up “unclaimed” when a beneficiary can’t be located or when property is turned over to the Commonwealth to hold in custody. If that happened, the money may be held by the State Treasury and can typically be recovered only with the right proof and, in some situations, a court order.

What Pennsylvania Law Says

Unclaimed estate money often comes up during probate when a share is due to an heir or beneficiary whose whereabouts can’t be confirmed. Pennsylvania law allows the Orphans’ Court to direct that the missing person’s share be converted to cash and paid into the State Treasury (through the Department of Revenue), where it is held in a custodial capacity and may be refunded later to the person legally entitled to it.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3540.

This statute establishes that when an heir/devisee/legatee’s continued existence or whereabouts can’t be ascertained at the time of audit, the court can order the distributable property paid into the State Treasury, and later refunded only upon further findings and an order of court.

If you’re trying to determine whether money from a deceased relative’s estate is sitting “unclaimed,” the key legal question is usually why it became unclaimed (missing beneficiary, incomplete probate distribution, property turned over to the Commonwealth, etc.), because that affects what proof is required and whether the Orphans’ Court must get involved.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate distributions and audits can cut off rights if claims aren’t raised at the proper time, and timing can affect what remedies are still available.
• Burden of Proof: You may need to prove identity, family relationship, and entitlement under a will or intestacy rules—especially if multiple relatives could claim the same funds.
• Exceptions: If an estate was administered in Orphans’ Court and funds were paid into the Treasury for an “absentee” distributee, recovery may require a court petition and order—not just a simple request.

Trying to handle this alone can lead to delays, denials, or disputes with other potential heirs. A probate attorney can quickly determine whether there was a Pennsylvania estate, what the court record shows about distributions, and what evidence is needed to recover funds without creating liability for an improper claim.

For more background, you may also find these helpful: confirming whether an estate is open and obtaining probate filings and what happens after the waiting period for an unclaimed property claim.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.