What happens after the 90-day waiting period for an unclaimed property claim? - Pennsylvania
The Short Answer
In Pennsylvania, there is not a single, universal “90-day waiting period” written into the probate code for all unclaimed property claims. What happens next depends on who is holding the property (for example, the Pennsylvania Treasury versus a county office) and whether the claim is being made as part of a decedent’s estate.
If the property is being held by the Commonwealth as unclaimed property, the State Treasurer generally reviews the claim, determines who is entitled to receive the funds, and may require additional documentation before releasing the property.
What Pennsylvania Law Says
When unclaimed property relates to a deceased person, Pennsylvania law provides a pathway for certain family members to receive property held by the Commonwealth without a full estate administration in limited situations. The key legal issue is whether the claimant is legally entitled to the property (and whether an estate needs to be opened), not simply how many days have passed.
Separately, some “unclaimed property” issues arise at the county level (for example, property held by a county official after a death). In those situations, different holding periods and rules can apply.
The Statute
The primary law governing how certain heirs may receive a decedent’s property without full administration is 20 Pa.C.S. § 3101.
This statute establishes that, in qualifying situations, the Commonwealth (including the State Treasurer when holding property) may pay or transfer certain property to the person entitled to it without requiring formal letters of administration, and it also addresses accountability if an improper distribution is made.
Why You Should Speak with an Attorney
Even when you’ve waited the time Treasury says it needs (such as 90 days), claims can stall or be denied for reasons that are easy to miss without legal review. Legal outcomes often depend on:
- Strict Deadlines: If the unclaimed property is tied to an estate administration, missing estate-related claim or audit deadlines can affect rights to distributions. For example, a claimant who fails to present a claim at audit may lose the ability to share in distributions made under that audit. See 20 Pa.C.S. § 3386.
- Burden of Proof: Treasury (or another holder) may require proof of identity, proof of relationship to the decedent, proof of authority to act for the estate, and proof that no one else has a superior right to the funds.
- Exceptions: Whether you can claim as an heir directly (versus needing to open an estate) can turn on facts like the type/value of property, whether an estate was ever opened, and whether other heirs exist or object.
If your claim is delayed after the waiting period, an attorney can help identify whether the issue is missing documentation, a title/identity mismatch, an estate-administration problem, or a competing-claim problem—and can communicate with the right agency using the right legal framing.
For more background, you may also find helpful: How Do I Access and Review Unclaimed Property Information for an Estate in Pennsylvania?
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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.