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

Dealing with a loved one’s estate is stressful enough. Finding out they might have unclaimed money or property in Delaware can add confusion on top of grief. This guide walks through how heirs and executors can typically claim unclaimed property in Delaware, what to expect, and how to move forward through official state channels.

HowToGetAssistance.org is an informational site only. It is not a government agency, does not manage claims, and cannot check, submit, or process unclaimed property claims. Use this guide as a roadmap, then complete each step with the official Delaware unclaimed property office or court.

Understanding Unclaimed Property in Delaware

In Delaware, unclaimed property usually means money or assets that were held by a business or institution but went inactive for a certain period. Common examples include:

• Bank accounts that were not used for several years
• Uncashed checks (payroll, refunds, insurance payments, dividends)
• Insurance proceeds or life insurance benefits
• Utility deposits or rental deposits
• Stocks, mutual funds, or dividends
• Contents of a safe deposit box

When the owner cannot be contacted for a set period, the holder (like a bank or company) is generally required to turn the property over to the State of Delaware’s unclaimed property program, overseen by the Delaware Department of Finance or similar state office.

For a deceased person, an heir or estate representative often needs to step in and file a claim with the state to recover these assets.

Who Can Claim Unclaimed Property for a Deceased Person in Delaware?

Delaware typically allows certain people to claim unclaimed property on behalf of someone who has died. Common eligible claimants include:

• Executor or administrator of the estate (named in the will or appointed by the court)
• Personal representative officially recognized by the probate court
• Surviving spouse
• Children or other heirs named in a will
• Next of kin under Delaware’s intestacy laws (when there is no will)

Eligibility often depends on:

• Whether there is a probated estate
• Whether you are an official representative of that estate
• Whether the value of the property is small enough to use simplified procedures (if available)

If you are unsure whether you qualify, you can usually contact:

• The Delaware unclaimed property office for general guidance, and
• The Register of Wills or probate court in the Delaware county where your relative lived or owned property for legal questions about estate status

Step 1: Confirm the Deceased Person Has Unclaimed Property in Delaware

Before gathering documents, you typically need to verify that there is actually unclaimed property in the deceased person’s name.

Most states, including Delaware, offer:

• An official online search tool on their unclaimed property website, and/or
• A phone line where staff can help you search

You usually search using:

• The deceased person’s full name (include middle initial if known)
• Any former names (maiden name, previous married names)
• Last known address or city in Delaware, if requested

If a match appears, the system will usually show:

• The holder type (bank, insurance company, employer, etc.)
• The general category of property (check, account, stock, etc.)
• Sometimes a range of value, but not always exact amounts

You can then start a claim as an heir or estate representative through the official Delaware portal, mail, or in some cases in person, depending on current state procedures.

Step 2: Figure Out What Type of Claim You Need (Heir vs. Estate)

Delaware often distinguishes between different claim types. Knowing which applies helps you gather the right forms and documents.

Here is a simplified comparison:

Delaware’s exact rules and claim types may change over time. The best way to confirm is to:

• Review the instructions attached to the unclaimed property claim on the official Delaware site, or
• Call the Delaware unclaimed property office and describe your situation

Step 3: Gather the Documents You’ll Likely Need

The most common cause of delay in an heir claim is missing or incomplete documentation. Delaware typically asks for documents that:

1. Prove the person has died
2. Prove you are authorized to claim on their behalf
3. Prove the property belongs to the deceased
4. Verify your identity and address

Below are documents that are often needed. Your exact list will depend on the type of claim and the property value.

1. Documents About the Deceased

• Death certificate (usually a certified copy)
• Proof of last known address (if requested), such as:
  • Old utility bill
  • Bank statement
  • Tax record
• Social Security number (if requested on the form; avoid sending a card unless specifically required)

2. Estate or Legal Authority Documents

If the estate is going through probate or has gone through probate, you may need:

• Letters Testamentary or Letters of Administration from the Delaware probate court
• Court order appointing you as personal representative, executor, or administrator
• A copy of the will, if it helps establish who is entitled to the property (may be requested in some cases)

If the estate is not being probated (for example, because it is small), Delaware may allow:

• A small estate affidavit or similar form, if available in Delaware law
• A signed affidavit of heirship explaining the family relationships and why you are entitled to claim

3. Proof of Relationship to the Deceased

For heirs (spouse, children, parents, etc.), the state may request:

• Birth certificates (to show parent-child relationship)
• Marriage certificate (for a surviving spouse)
• Adoption papers if applicable
• Family tree or affidavit explaining relationships when no direct document is available

4. Your Identification and Address

To protect against fraud, Delaware typically requires:

• A government-issued photo ID (driver’s license, state ID, passport)
• Proof of your current address, such as:
  • Recent utility bill
  • Lease agreement
  • Bank statement

5. Property-Specific Documents

Sometimes you need documents tied to the specific asset:

• Old bank statements or account numbers
• Stock certificates or brokerage statements
• Insurance policy numbers
• Old pay stubs or employer information (for payroll checks)

If you are unsure, you can generally contact the Delaware unclaimed property office and ask what is required for the specific property you’ve found.

Step 4: Submit Your Heir Claim Through Official Delaware Channels

Once you’ve gathered your documents, you’ll usually follow one of these paths:

1. Online submission (if Delaware offers an online claim portal)
2. Mail-in claim form
3. In-person assistance at a state office or outreach event (availability varies)

Common steps in the process:

1. Complete the official claim form

   • Select the correct claim type (individual heir, estate, trust, etc.)
   • List the property ID or reference number from your search results
   • Carefully enter your contact information and relationship to the deceased

2. Attach copies of required documents

   • Follow any instructions about certified copies vs. regular copies
   • If mailing, do not send irreplaceable originals unless the state explicitly requires them
   • If they require notarized forms or affidavits, visit a notary public to complete that step

3. Sign the claim form

   • In many cases, signatures must match the name on your identification
   • Some forms may need to be notarized

4. Send or submit the claim

   • For mail: Use the official mailing address listed on Delaware’s unclaimed property forms
   • For online: Upload scans or files through the official Delaware unclaimed property portal

HowToGetAssistance.org cannot accept or forward claims. All claims must go through Delaware’s official offices or site.

Step 5: What Happens After You File a Claim?

After Delaware receives your heir claim, several things usually happen:

1. Initial review for completeness

   • Staff check if all required sections are filled out
   • They verify that required documents are attached

2. Verification of ownership and authority

   • The state confirms the property belongs to the deceased person
   • They verify that you are the proper heir or legal representative

3. Request for more information (if needed)

   • If anything doesn’t match or is missing, the office may:
     • Send a letter
     • Email (if allowed)
     • Call the phone number you provided

4. Decision and payment

   • If approved, the state usually issues payment by check or sometimes direct deposit, depending on their policies
   • For non-cash property (like stocks or safe deposit contents), the state may:
     • Sell the property and send you the proceeds, or
     • Provide instructions for how to claim the specific asset

Processing times can vary based on:

• The complexity of the claim
• How many heirs are involved
• Whether you responded quickly to requests for more information
• Overall workload at the Delaware unclaimed property office

If you have not heard back after a reasonable period (for example, several weeks or more), you can usually:

• Call the Delaware unclaimed property office
• Ask for the status of your claim using:
  • Your claim number, or
  • Your name and the deceased person’s name

Common Reasons Delaware Heir Claims Get Delayed or Denied

Understanding common problems can help you avoid them:

1. Missing or incomplete documents

• No death certificate or an uncertified copy when a certified one is required
• No proof of relationship for an heir
• No probate letters when required for an estate claim

2. Claimant does not have legal authority

• Someone other than the court-appointed executor files an estate claim
• Multiple heirs file separate claims for the same property without explaining how it should be divided

3. Mismatched information

• Names are spelled differently on documents (e.g., maiden name vs. married name)
• Addresses or dates of birth differ from what the holder reported

4. Estate not yet properly handled

• The property legally belongs to the estate, but the estate has not been opened in probate when required
• The unclaimed property office may direct you to start or complete probate first

If your claim is denied or you receive a letter you disagree with, you can usually:

• Contact the Delaware unclaimed property office to clarify what is missing or why it was denied
• Ask whether there is a formal review or appeal process
• Consider speaking with a Delaware probate or estate attorney for legal advice if the issue is complex

How Long Do You Have to Claim Unclaimed Property in Delaware?

In many states, unclaimed property held by the state is not subject to a traditional statute of limitations once it has been turned over. That means it usually stays with the state until the rightful owner or heir claims it.

However:

• Time limits can affect other aspects of the estate (such as deadlines for opening probate or contesting a will).
• Laws can change, and certain types of claims may have special rules.

To be safe:

• Check with the Delaware unclaimed property office about any time-sensitive requirements, and
• Ask the probate court or a qualified attorney about estate-related deadlines

If There Are Multiple Heirs or a Disputed Estate

When more than one person may be entitled to a deceased person’s property, Delaware usually tries to follow:

• The will, if there is one and it has been accepted by the probate court
• Delaware intestacy law, if there is no will

Possible scenarios:

• One executor representing all heirs:
  The executor claims property in the estate’s name and then distributes it according to the will or intestacy law.

• Multiple heirs claiming directly:
  Delaware may require:

  • All heirs to sign a release or agreement, or
  • A court order specifying who should receive what

• Disputes among heirs:
  The unclaimed property office might place the claim on hold and refer the matter to the probate court to sort out. The state typically does not decide complex inheritance disputes on its own.

If your family is in conflict about an heir claim, speaking with a neutral attorney or mediator may help.

Avoiding Scams and Making Sure You’re Using Official Delaware Channels

Unclaimed property has attracted scammers who hope to charge large fees or trick people into giving up personal information. Some safe practices include:

• Verify the website

  • Make sure you are on an official State of Delaware site (look for clear government branding and contact info).
  • Avoid sites that look unofficial but ask for your Social Security number, bank details, or credit card up front.

• Be careful with unsolicited contacts

  • Letters, texts, or messages claiming you have “huge unclaimed funds” may be misleading.
  • If you receive such a message, independently look up the Delaware unclaimed property office on your own and verify.

• Know that you usually do not need to pay big fees

  • In many states, you can claim unclaimed property directly from the state at no cost other than notary or mailing fees.
  • Some “finders” or “locators” charge a percentage of the claim. These services may be legal but are typically optional. If you use one, review any contract carefully.

• Protect personal information

  • Do not share full Social Security numbers, bank account numbers, or ID images unless you are sure you are dealing with the official state office.
  • When in doubt, call the state office phone number listed on a clearly official state page.

If you suspect a scam, you can contact:

• The Delaware Attorney General’s consumer protection division, or
• A general consumer protection hotline, such as 211, for guidance on who to notify

When to Consider Legal or Professional Help

Many heirs can handle a Delaware unclaimed property claim on their own, especially for simple or small claims. However, you might want legal help when:

• There is no clear will, and family relationships are complicated
• There are multiple heirs who do not agree
• A large amount of money or valuable property is involved
• The unclaimed property office says probate or a court order is required
• Your claim has been denied and you do not understand why

A Delaware probate or estate attorney can explain your options under state law, help prepare documents, and represent you in court if needed. This is especially important when unclaimed assets are just one part of a larger estate.

Key Takeaways for Delaware Heir Claims

• Unclaimed property includes forgotten accounts, checks, and other assets turned over to the State of Delaware.
• Heirs and estate representatives can usually claim these assets by proving:
  • The original owner is deceased,
  • They have legal authority or heirship, and
  • The property belongs to that person.
• You’ll likely need death certificates, probate letters or affidavits, proof of relationship, and your own ID.
• Claims are filed directly through Delaware’s official unclaimed property office, not through private websites.
• Delays usually come from missing documents, unclear authority, or conflicting heir information.
• If your situation is complex, speaking with a probate attorney or the Delaware probate court may help you move forward.

Using these steps, you can be better prepared to work with Delaware’s official agencies to claim any unclaimed property that rightfully belongs to your deceased relative’s estate.