How To Claim As An Heir (Without Getting Stuck): Step‑By‑Step Guide

Being an heir can feel confusing, especially when you are grieving and facing legal terms you may not know. This guide from HowToGetAssistance.org explains typical steps heirs follow to claim what they’re entitled to and how to avoid getting stuck in delays and paperwork problems.

HowToGetAssistance.org is not a court, not a law firm, and not a government office. This article is for general information only so you can better understand the usual process and then follow up with official offices, courts, and licensed professionals in your area.

Understanding What “Claiming As An Heir” Means

In plain English, claiming as an heir usually means taking the legal steps required so that property, money, or accounts of someone who has died can be transferred to you (if you’re legally entitled to them).

Depending on the situation, this may involve:

• A will (the person who died named beneficiaries)
• Intestacy laws (when there is no will, state law decides who inherits)
• Beneficiary designations (on life insurance, retirement accounts, etc.)
• Joint ownership (such as joint bank accounts or real estate)

You typically do not automatically receive everything just because you are family. In many cases, you must prove you’re an heir and follow a formal process through:

• A probate court or similar court in your area
• A bank, insurance company, or financial institution
• A government office (for benefits or unclaimed property)

Step 1: Figure Out What Kind of Property You’re Claiming

The process to claim as an heir changes depending on what you’re trying to access. Start by making a list of what you believe exists.

Common categories:

• Real estate
  • Houses, condos, land, rental properties
• Bank and investment accounts
  • Checking, savings, CDs, brokerage accounts, retirement accounts
• Insurance and benefits
  • Life insurance, pension, employer death benefits, Social Security survivor benefits
• Personal property
  • Vehicles, jewelry, collectibles, household items
• Business interests
  • Ownership in a small business, LLC shares
• Unclaimed or forgotten property
  • Old bank accounts, utility deposits, stock dividends held by a state unclaimed property office

For each item, it helps to identify:

• Who holds it now (bank, insurer, state office, executor, etc.)
• Whether there is a named beneficiary on the account or policy
• Whether the person who died had a will covering that property

Step 2: Confirm Whether There Is a Will or Estate Plan

Your next step is understanding how the person who died intended their property to be distributed, and what the law in your area requires.

How to check for a will or estate planning documents

• Search personal papers
  Look in safes, file cabinets, desk drawers, and digital files.
• Ask close family or the executor
  Sometimes a will names an executor or personal representative who already has a copy.
• Check with the local probate court
  In some places, people file wills with the county probate court or a similar court even before they die.
• Contact any known attorney
  If you know the person used a law firm or estate planning attorney, that office may know whether a will exists.

If there is a will, it usually:

• Names an executor/personal representative
• Lists beneficiaries (who inherits what)
• May include special instructions for specific items

If there is no will, property usually passes according to state intestacy laws, which often favor:

1. Surviving spouse
2. Children
3. Parents
4. Siblings
5. More distant relatives

The exact order and share varies by state or country, so you may need to contact:

• Your local probate court
• A legal aid organization
• A licensed attorney in your state

Step 3: Identify Whether Probate Is Required

Probate is a court-supervised process where:

• The will (if any) is validated
• Debts and taxes are handled
• Property is distributed to heirs/beneficiaries

Not every situation requires full probate. Common possibilities:

1. Full probate estate

This is more likely when:

• There is real estate solely in the name of the person who died
• There are significant assets with no joint owner or beneficiary
• There are disputes among heirs

In this case, an executor or personal representative usually files a case with the local probate court.

2. Small estate procedures

Many states offer simplified processes for smaller estates, such as:

• Small estate affidavits
• Summary administration
• Voluntary administration

These may allow an heir to claim assets without full probate, but limits and rules vary. The local probate court or its website often lists:

• Dollar limits for small estates
• Which forms to use
• Whether court appearances are required

3. Non‑probate assets

Some items pass outside of probate, such as:

• Life insurance with a named beneficiary
• Retirement accounts (401(k), IRA) with named beneficiaries
• Payable-on-death (POD) or transfer-on-death (TOD) accounts
• Joint tenancy with right of survivorship property

For these, you often claim directly with the bank, insurer, or plan administrator, using their official forms.

Step 4: Gather the Key Documents Heirs Usually Need

The documents you need depend on the type of claim, but many heirs run into delays because they don’t have everything ready.

Commonly requested documents include:

• Death certificate (certified copy)
• Your photo ID (driver’s license, passport, etc.)
• Proof of relationship, such as:
  • Birth certificate
  • Marriage certificate
  • Adoption records
• The will, if one exists
• Court letters (once probate is opened), such as:
  • Letters Testamentary
  • Letters of Administration
  • Personal Representative appointment letters
• Account or policy information, such as:
  • Bank account statements
  • Policy numbers
  • Property deeds or titles

Below is a simple comparison to help you plan:

*Exact requirements vary by state, institution, and situation.

To avoid getting stuck, it’s smart to order multiple certified copies of the death certificate early, since banks, insurers, and courts often each require their own copy.

Step 5: Open (or Join) the Estate Case, If Needed

If property needs to go through probate, someone must start the estate case with the local court.

Who usually opens the estate?

• If there’s a will: the executor named in the will usually files.
• If there’s no will: a close relative (spouse, adult child, or other heir) can request to be the administrator.

If someone else has already started the estate:

• Ask the executor/administrator for:
  • The case number
  • Court name and contact details
  • Status updates and copies of key filings

Typical steps to open probate (varies by location)

1. Locate the correct court
   Often a probate or surrogate court in the county where the person lived at death.

2. File an initial petition or application
   Forms usually ask for:

   • Name, address, and date of death
   • List of known heirs/beneficiaries
   • Approximate value of the estate

3. Notify interested parties
   The court often requires notice to:

   • All named beneficiaries
   • All legal heirs (even if not named in a will)

4. Receive appointment papers
   Once approved, the court issues documents (like Letters Testamentary or Letters of Administration) authorizing the executor or administrator to handle the estate.

As an heir, you may not need to file everything yourself if an executor is already handling it, but you should stay informed and provide information when requested.

Step 6: Claiming Specific Assets as an Heir

Once the estate is open (or if certain assets don’t require probate), you may need to submit claims to various organizations.

Claiming through the estate (probate assets)

The executor/administrator typically:

• Collects and lists assets
• Pays approved debts and taxes
• Distributes what remains according to the will or law

As an heir, it’s helpful to:

• Give the executor any documents or account information you have
• Ask for an estimated timeline
• Request written updates on the estate status if you’re not hearing anything

In some places, heirs may need to:

• Sign receipts or releases when they receive property
• Attend hearings if there are disputes

Claiming non‑probate assets directly

For assets with a named beneficiary (like life insurance or retirement accounts), the process is often more direct:

• Life insurance:
  Contact the insurer’s claims department and ask for their death claim packet.

• Bank or investment accounts with beneficiaries:
  Call or visit the bank/investment firm, notify them of the death, and request beneficiary claim instructions.

• Retirement accounts (401(k), IRA):
  Call the plan’s customer service or benefits office; they typically require forms, death certificates, and your ID.

In each case, follow the official instructions from that company or plan, not from unofficial websites or third parties.

Step 7: Understand Timelines and Deadlines

Timelines vary widely, but missing deadlines can cause serious delays or even loss of certain rights.

Common timing issues include:

• Deadlines to contest a will
  Some states only allow a short window to challenge a will after it’s filed.
• Deadlines to claim certain benefits
  For example, employer benefits or life insurance may have recommended or required timeframes.
• Tax filing deadlines for the estate
  Executors usually handle this, but delays can affect distributions.

If you’re unsure about deadlines:

• Call your local probate court clerk
• Ask the insurance company or financial institution directly
• Consider speaking with a licensed probate or estate attorney in your state

Step 8: Avoid Common Mistakes That Get Heirs Stuck

Many heirs experience long delays or complications because of a few common issues.

Frequent problems

• Not opening probate when it’s required
  Real estate and certain accounts cannot be transferred until a court authorizes someone to act.

• Inadequate documentation
  Missing death certificates, proof of relationship, or court appointment papers can halt the process.

• Disputes between family members
  Conflicts about who inherits what can slow everything down and may lead to court hearings.

• Mixing estate property with personal funds
  If you’re the executor, using estate money for personal expenses before proper distribution can cause legal issues.

• Relying only on verbal promises
  Statements like “Mom said I could have the house” carry little weight without a will or legal documentation.

To reduce the chances of getting stuck:

• Keep organized folders (physical or digital) for:
  • Court papers
  • Correspondence with banks/insurers
  • Receipts and account statements
• Write down names, dates, and reference numbers from every call with an official office or company.
• When in doubt about a legal decision, consider contacting a licensed attorney or a legal aid organization in your area.

Step 9: What Happens If Your Claim Is Delayed or Denied?

Sometimes heirs find out that:

• A bank will not release funds
• A life insurance claim is rejected
• The executor is not distributing property as expected
• A court rejects a filing

Common reasons for denial or delay

• Incorrect or incomplete forms
• Unclear proof of identity or relationship
• Competing claims from multiple people
• Questions about the validity of the will
• Debts or liens against the estate
• Beneficiary designations that override the will

Typical options if your claim is blocked

1. Ask for a written explanation

   • Banks, insurers, and courts can usually tell you why something was denied or held up.

2. Correct and resubmit

   • Provide additional documents, signatures, or clarifications requested.

3. Request an internal review or appeal

   • Many insurance companies and financial institutions have an internal appeals or review process.

4. File objections or motions in court

   • If you believe the executor is not acting properly or the will is incorrect, you may be able to file objections, but this usually requires guidance from a licensed attorney.

5. Seek legal help

   • Legal aid organizations, bar association referral services, or private attorneys experienced in probate/estate law can explain your options.

Step 10: Check for Unclaimed Funds and Property

Even after the main estate appears to be settled, there may be unclaimed property in the deceased person’s name.

This often includes:

• Old bank accounts
• Insurance payments
• Utility deposits
• Stock dividends or refunds

In the United States, each state usually has an unclaimed property office or division (often under the State Treasurer or Controller) where you can:

• Search for the deceased’s name
• File a claim as an heir, if you qualify

To claim these funds, you typically need:

• Death certificate
• Proof of your identity
• Proof of your relationship (birth certificate, marriage certificate, etc.)
• Sometimes, probate or small estate documents

Contact your state unclaimed property office through its official website or phone line for exact instructions.

Verifying You’re Using Official Channels (and Avoiding Scams)

Because heirs may be expecting money, they can be targeted by scams and unofficial services.

How to confirm you’re on an official channel

• For courts and probate:

  • Look for a .gov domain (in the U.S.) or well-identified official court website.
  • You can call the county courthouse main number and ask to be transferred to the probate or surrogate’s office.

• For banks and insurance companies:

  • Use phone numbers from:
    • Official statements or policy documents
    • The back of a bank card
    • The official company website (typed in yourself, not through a random link)

• For state unclaimed property:

  • Search for your state government website and navigate from there to “unclaimed property” or “treasurer/controller” pages.

Red flags to watch for

• Requests for upfront fees from strangers claiming they’ve “found money” for you
• Companies that guarantee fast inheritance payouts if you sign over part of your claim
• Emails or messages asking for:
  • Your Social Security number
  • Bank account information
  • Passwords
    without clear proof they are from an official institution

If something seems suspicious:

• Call the relevant court, bank, insurer, or state office using a verified phone number.
• Ask if the communication you received is legitimate.

If You Don’t Qualify as an Heir or Get Very Little

Sometimes, people learn they:

• Are not named in the will
• Are not included under intestacy laws
• Receive a much smaller share than expected

In these situations, options may include:

• Reviewing the will and laws with a licensed attorney
  There may be specific protections for spouses, minor children, or other dependents in some states.

• Negotiation with other heirs
  In some families, heirs agree to voluntarily share or re‑distribute property, but this is entirely up to them and may need legal documentation.

• Releasing or disclaiming an inheritance
  In other cases, someone may choose to decline an inheritance, which can also have legal and tax effects. This should only be done with advice from a professional who understands the rules in your area.

If you are facing financial hardship and were expecting an inheritance that did not come through, you may want to explore:

• Government assistance programs through your local human services or social services office
• Community resources like 211, nonprofit agencies, and legal aid organizations

Quick Checklist: Getting Started as an Heir

Use this checklist to help avoid getting stuck:

1. Gather information

   • [ ] Full legal name, address, and date of death of the person who died
   • [ ] Known assets (house, accounts, insurance, etc.)
   • [ ] Names and contact info for close family/heirs

2. Locate documents

   • [ ] Certified death certificates (order multiple copies)
   • [ ] Any will, trust, or estate documents
   • [ ] Your ID and proof of relationship

3. Identify the right process

   • [ ] Check whether probate is needed through your local probate court
   • [ ] Identify non‑probate assets with named beneficiaries
   • [ ] Ask about small estate options if the estate is modest

4. Contact official channels

   • [ ] Probate or surrogate’s court clerk
   • [ ] Banks, insurers, and plan administrators holding assets
   • [ ] State unclaimed property office for any forgotten funds

5. Monitor progress

   • [ ] Keep a log of calls and letters
   • [ ] Save copies of all forms and correspondence
   • [ ] Follow up if you do not receive updates within the timeframes they suggest

6. Seek help when needed

   • [ ] Consider reaching out to legal aid or a licensed attorney for complex or disputed estates
   • [ ] Verify any unexpected offers or communications with the official institution before sharing personal information

By understanding each step and working only through official courts, agencies, and institutions, you can usually move your heir claim forward more confidently and reduce the chances of getting stuck in avoidable delays.