How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
When a relative dies, financial accounts, insurance proceeds, utility deposits or other assets can go unclaimed if the owner fails to cash checks or banks can’t locate beneficiaries. In South Carolina, unclaimed property falls under the Uniform Unclaimed Property Act (SC Code Title 27, Chapter 19). Here is a step-by-step process that heirs can follow:
1. Identify Potential Assets
Review the decedent’s records for bank statements, insurance policies, unpaid wages, utility deposits, safe-deposit boxes and uncashed dividends. Note account numbers, institution names and last known balances.
2. Search the South Carolina Database
Visit the South Carolina Treasurer’s Unclaimed Property website at treasurer.sc.gov/Unclaimed-Property. Enter the decedent’s name exactly as it appears on legal documents. The database covers property presumed abandoned after dormancy periods set by Section 27-19-20.
3. Check National and Other State Databases
Some assets may have been escheated to another state. Use the National Association of Unclaimed Property Administrators’ site at missingmoney.com or each state’s unclaimed property site.
4. Gather Required Documentation
Most claims require proof of identity and heirship:
- Certified death certificate of the relative
- Certified letters of administration or probate documents
- Heirship affidavit or court-issued heirship certificate
- Government-issued photo ID of the claimant
- Social Security numbers of decedent and heirs, if available
5. File a Claim with the State Treasurer
Complete the South Carolina Unclaimed Property claim form online or by mail. Attach the documents listed above. The Treasurer’s Office reviews the claim under Section 27-19-630. Processing times vary but typically take 4–6 weeks.
6. Consider Probate Alternatives
If the estate is open in probate court, notify the executor or personal representative so they can include unclaimed assets in the estate inventory. A successful probate distribution can streamline claims and avoid duplicate efforts.
Helpful Hints
- Start searches early: Some assets may escheat after as few as one year of inactivity.
- Use exact names and check for common misspellings or maiden names.
- Maintain organized records of all correspondence and claim submissions.
- Contact the Treasurer’s Office if you need help with online forms or document requirements.
- Publish a legal notice of estate administration in local newspapers to alert unknown creditors or heirs.
- Consult a probate attorney if the estate involves complex assets or disputes over heirship.