Heir Claims in California: How to Claim Unclaimed Assets for a Deceased Relative

When someone passes away in California, they may leave behind unclaimed money or property in their name. This can include forgotten bank accounts, old insurance payouts, uncashed checks, and more. California’s unclaimed property system gives heirs, beneficiaries, and estate representatives a way to request those funds through official state channels.

This guide explains, in plain language, how heir claims usually work in California, who can file them, what documents are needed, and how to avoid common problems. HowToGetAssistance.org is an informational resource only—it is not a government agency, not an application site, and cannot process or check the status of any claim.

Understanding Unclaimed Property in California

What is “unclaimed property”?

In California, unclaimed property typically refers to money or assets that:

• Belong to an individual or business
• Have had no activity for a certain period (often 3 years, sometimes longer/shorter depending on the type)
• Could not be returned by the business or holder
• Were then turned over (or “escheated”) to the State of California for safekeeping

Common examples include:

• Bank accounts that were dormant and then closed
• Uncashed checks (payroll, refunds, dividends)
• Insurance proceeds or benefits
• Utility deposits and refunds
• Safe deposit box contents
• Some retirement account balances or mutual fund shares

The state holds these assets until the rightful owner or heir files a valid claim through the official unclaimed property process.

What is an heir claim?

An heir claim is when a person who is legally entitled to part or all of a deceased person’s estate asks the state to release unclaimed property that belonged to that person.

Common heir roles include:

• Surviving spouse or registered domestic partner
• Children, grandchildren, or other descendants
• Parents, siblings, nieces/nephews, depending on family structure
• A court-appointed executor, administrator, or personal representative of the estate
• A person named in a will or trust, if properly documented

Who has priority or how shares are split usually depends on California probate law and whether the deceased left a will or trust.

Step 1: Confirm the Property Exists

Before gathering paperwork, it often helps to confirm whether there is actually unclaimed property in your relative’s name.

How to search for unclaimed property

In California, heir claimants typically:

1. Go to the official California unclaimed property website (run by the State Controller’s Office).
2. Use the search tool to look up the deceased person by:
   • Full legal name (including middle initial if known)
   • Any former names, including maiden names
   • Business name (if they owned a business)
   • Last known address or city (if the site allows)
3. Note any accounts or properties that appear to match the deceased.

If you are not sure you are using the correct site, you can:

• Call the official unclaimed property phone line for California (listed on the State Controller’s Office website)
• Ask whether you are on the official state portal, and verify that it’s operated by the State of California

⚠️ Tip: Some people find multiple listings for similar names. In that case, you may need to rely on address history, employer names, or institutions to decide which entries likely belong to your relative.

Step 2: Identify Your Role and Eligibility

Your role affects what forms and documents you need to claim unclaimed assets as an heir in California.

Common claimant types for deceased owners

California typically uses a combination of:

• The will or trust (if any)
• Probate court orders or letters
• Intestate succession rules (when there is no will)

to determine who is legally entitled to the property.

If there is any uncertainty, some families speak with a California probate attorney or a legal aid office to understand their specific rights.

Step 3: Gather Required Documents

The exact document list can vary depending on:

• The value of the property
• Whether there is a probate case
• Whether the owner died with or without a will
• How many heirs are involved

However, many heir claimants in California are asked to provide some combination of the following:

Identity and relationship

• Your photo ID (driver’s license, state ID, or passport)
• Social Security number or Tax Identification Number (often required on the claim form)
• Birth certificate, if you are a child or other relative of the deceased
• Marriage certificate or domestic partnership certificate if claiming as a spouse/partner
• Name change documents, if your current name is different from the name on earlier records (marriage certificate, court name change order, etc.)

Proof of death and estate status

• Death certificate of the deceased property owner
• Obituary or other proof of death may sometimes be requested, but the death certificate is the primary document
• If there is a probate case:
  • Letters Testamentary (if there is a will and you are the executor)
  • Letters of Administration (if there is no will, but the court appointed an administrator)
  • Any court orders that distribute the estate or identify heirs
• If there is no formal probate:
  • A Small Estate Affidavit (under California Probate Code §13100) may be used in some smaller cases
  • Other estate documents depending on how the estate was handled

Proof that the property belongs to the deceased

The California unclaimed property office may already have basic details, but in some cases you might be asked for supporting evidence, such as:

• Old account statements
• Policy documents (insurance, retirement, etc.)
• Correspondence from the institution that held the funds
• Proof of last known address of the deceased (utility bill, tax bill, etc.)

If you don’t have these documents, you can still usually file a claim with the core records (death certificate, proof of identity, estate papers). The state may contact you if more information is needed.

Step 4: Use the Official California Claim Process

HowToGetAssistance.org cannot accept or process claims. To actually request the money, heirs must use the official California unclaimed property claim system.

Typical steps to file an heir claim in California

1. Locate the property on the official California unclaimed property search tool.
2. Select the property and choose the option to start a claim.
3. Indicate that the owner is deceased and that you are filing as an heir, executor, or representative.
4. Fill out the claim form with:
   • Your personal information
   • Information about the deceased owner
   • Your relationship to the deceased
5. Print, sign, and notarize the form if required (requirements vary by claim type and amount).
6. Gather the supporting documents listed on the claim form’s instructions.
7. Mail the completed claim package to the address provided by the State Controller’s Office, or follow their current submission instructions.

Some types of claims may allow online submission of certain documents, but many heir claims still require originals or certified copies to be mailed.

Step 5: What Happens After You File

Once you submit your heir claim to the official California office, the process generally includes:

Review and verification

The state typically:

• Confirms that the property belongs to the deceased owner
• Confirms the death of the owner
• Reviews estate documents to determine who is legally entitled
• Checks your identification and relationship
• Ensures the claim form is signed and properly completed

If everything is in order, the claim is usually approved and the state issues payment or transfers the property as directed.

Possible timelines

Processing times can vary based on:

• Volume of claims received
• Complexity of your case (multiple heirs, missing documents, large estates)
• Whether the state has to request additional information

Many claimants experience a wait of several weeks or longer. For current estimates, you can contact the State Controller’s Office unclaimed property division directly.

Common Problems and How to Avoid Them

Frequent reasons claims are delayed or denied

Some of the most common issues include:

• Incomplete claim form (missing signatures, unanswered questions)
• Missing proof of relationship (no birth/marriage certificate, etc.)
• Lack of estate authority (no Letters Testamentary/Administration when needed)
• Conflicting claims from multiple heirs or representatives
• Unclear name differences (nicknames, maiden names, spelling variations)
• Uncertified or unofficial documents when certified copies are required

Tips to reduce problems

• Carefully follow the instructions provided on the official California claim form.
• Use certified copies of key documents (death certificate, court orders) when requested.
• If multiple heirs exist, consider:
  • Having the court appoint a personal representative, or
  • Agreeing on who will file the claim and how funds will be handled.
• Write names exactly as they appear on identification and official records.
• If you are unsure about probate requirements, contact a probate attorney, legal aid office, or self-help center at your local California superior court.

Special Situations: Small Estates, Trusts, and Multiple Heirs

Small estates in California

If the deceased person’s total assets (including the unclaimed property) are relatively small, California law sometimes allows transfer without a full probate.

Heirs may be able to use:

• A Small Estate Affidavit (California Probate Code §13100)
• Other simplified procedures depending on the asset type

However, the unclaimed property office may still require certain documents to confirm:

• The total value fits the small-estate rules
• You are an appropriate heir
• Other heirs (if any) are accounted for

If you’re unsure whether small estate procedures apply, you can:

• Ask a California probate lawyer or
• Visit a self-help or family law facilitator office at your local superior court to ask where to get probate guidance.

Trust-owned property

If the deceased had a living trust, some assets may have been titled in the name of the trust, rather than the individual. In those situations:

• The trustee is usually the proper claimant.
• The claim may require:
  • Trust document pages showing the trust name and the trustee
  • Proof that you are the current acting trustee
  • A copy of the death certificate of the original trustor or previous trustee, if applicable

The State Controller’s Office typically outlines current requirements for trust-related claims in its instructions.

When there are multiple heirs

If more than one person could be entitled to the property:

• The state may ask for documentation listing all heirs (such as a court order determining heirs).
• In some cases, all heirs may need to sign certain forms, or one person may handle the claim on behalf of everyone, depending on the documents.
• It is often helpful to coordinate with family members before filing to reduce disputes or conflicting submissions.

How to Check the Status of Your Claim

HowToGetAssistance.org cannot track or update claims. To find out where your claim stands, you can typically:

• Use the online claim status tool on the official California unclaimed property website, if available; or
• Call the State Controller’s Office unclaimed property division directly and provide:
  • Your name
  • The claim number (if you were given one)
  • Other identifying details they request

Be sure to keep copies of:

• Your claim form
• Any supporting documents you submitted
• Any letters or emails you receive from the state

These make it easier to resolve questions quickly.

If Your Claim Is Denied or You Disagree with the Decision

If the California unclaimed property office denies a claim or only partially approves it, the notice you receive should explain:

• The reason for denial
• Any missing or insufficient documents
• Whether you can submit additional information or pursue further review

Possible next steps may include:

• Resubmitting the claim with corrected or additional documents
• Requesting reconsideration or clarification from the office
• Seeking advice from a California attorney who handles estate or unclaimed property issues

Procedures for appeals or challenges can change, so it is important to rely on the instructions in the denial letter and on the official state website.

Scam Prevention: Staying on Official Channels

Because heir claims involve money and sensitive information, scams sometimes target people searching for unclaimed property.

Warning signs to watch for

Be cautious if you encounter:

• Unsolicited calls, emails, or messages promising you “found money” for a high fee
• Requests to pay upfront charges before you can get your own property
• Websites that look similar to the official state site but are not run by the State of California
• Pressure to provide Social Security numbers, bank details, or copies of your ID without clear official context

How to verify you are on an official channel

You can help protect yourself by:

• Confirming that the website clearly identifies the State Controller’s Office or another California state agency as the operator
• Calling the state agency’s main public phone number (listed through official state directories) to verify the website address
• Asking whether you are speaking with a state employee when you call about a claim

Some people choose to use professional “asset locator” services that offer to help find and claim money for a fee. These services are separate from the state. If you consider using one:

• Ask for a written contract explaining the fee and what they will do
• Understand that you can usually file a claim yourself directly with the state without paying such a fee
• Check for any license or registration requirements in California that may apply to finders or locators

Other Options if You Do Not Qualify to Claim

If you are not an heir or legal representative, the unclaimed property office typically cannot release assets to you. However, you may still have options:

• If you believe you should be an heir under California law, you might consult a probate attorney or legal aid to see whether you can open or join an estate case.
• If you are a creditor of the deceased, your rights are generally handled through the probate process, not through the unclaimed property office.
• If you are simply trying to help a family member who is an heir, you can assist them in:
  • Gathering documents
  • Finding the official website or phone number
  • Understanding the steps, while the actual claim remains in their name

Key Takeaways for Heir Claims in California

• Unclaimed property includes dormant accounts, uncashed checks, and similar assets turned over to the State of California.
• Heirs and estate representatives can usually claim these assets through the State Controller’s Office using official forms.
• Be prepared to provide proof of identity, proof of death, estate documents, and proof of relationship.
• Processing can take weeks or longer, and additional documents may be requested.
• If your claim is denied or delayed, the official notice typically explains next steps or options for further review.
• Always use official state websites and phone lines, and be cautious of any service that pressures you to pay high fees or share sensitive information without clear authorization.

By understanding these typical steps and requirements, you can be better prepared to work with California’s official unclaimed property office to pursue any assets that may belong to your deceased relative’s estate.