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

When someone passes away in New York, they may leave behind unclaimed bank accounts, insurance proceeds, safe deposit contents, or other assets that no one realized existed. These unclaimed funds often end up with the New York State Comptroller’s Office as “lost” or “abandoned” property.

This guide from HowToGetAssistance.org explains, in plain language, how heir claims in New York usually work, what documents you may need, and how to move forward through official New York channels. This site is not an official government office or application portal, but aims to help you understand the typical process so you can take your next steps confidently.

What Are “Unclaimed Assets” in New York?

In New York, unclaimed property (also called unclaimed funds or abandoned property) usually refers to money or assets that:

• Belong to a person or business
• Have had no activity for a certain period (often 1–5 years, depending on the type)
• Could not be returned by the bank, insurance company, employer, or other holder

Instead of keeping these assets forever, companies are generally required to turn them over to the State of New York, usually to the Office of the State Comptroller (OSC). The state then holds the money until the rightful owner or heir comes forward.

Common examples of unclaimed assets:

• Bank accounts and CDs
• Uncashed checks (payroll, vendor payments, refunds)
• Utility security deposits
• Life insurance benefits
• Stocks, dividends, or mutual funds
• Safe deposit box contents
• Some retirement accounts or pension benefits

For a deceased relative, these assets might still be claimable by:

• A surviving spouse
• Children or other legal heirs
• A court-appointed executor or administrator of the estate

Who Can Claim Unclaimed Assets for a Deceased Person?

New York generally requires that the person filing the claim be legally entitled to the money. That entitlement depends on:

• Whether the deceased person left a will
• Whether a probate or administration proceeding has been opened in Surrogate’s Court
• The size and type of the asset
• The relationship between the deceased and the claimant

Common Types of Eligible Claimants

1. Executor or Administrator of the Estate

   • If the Surrogate’s Court has appointed an executor (named in a will) or administrator (no will), that person is often the one who collects assets on behalf of the estate.
   • The unclaimed asset is usually paid to the estate, not directly to a family member, and then distributed according to the will or intestacy laws.

2. Surviving Spouse

   • In some situations, especially with smaller dollar amounts, a surviving spouse may claim unclaimed funds without a full court proceeding.
   • The state may ask for proof of marriage, death certificate, and sometimes an affidavit stating that no estate proceeding is required.

3. Heirs (Children, Parents, Siblings, etc.)

   • If there is no surviving spouse, or if the spouse is also deceased, children or other relatives may be able to claim.
   • New York’s intestacy rules (who inherits when there is no will) often guide who is legally entitled.

4. Other Legal Representatives

   • A court-appointed guardian, attorney-in-fact, or trustee may sometimes file a claim, but the state typically requires formal proof of authority (like court orders or power-of-attorney documents).

Because the rules can be technical, many families double-check with:

• The New York Comptroller’s Office (which handles unclaimed funds), and/or
• The Surrogate’s Court in the county where the deceased lived

to confirm who should file the claim and what documentation is required.

Step 1: Confirm the Deceased Has Unclaimed Funds

The first step is usually to search for unclaimed assets in New York under the deceased person’s:

• Full legal name
• Any known aliases, maiden names, or prior married names
• Business names, if they owned a business

You can typically search:

• Through the official New York State unclaimed funds website, or
• By contacting the Office of the State Comptroller directly (by phone or mail) to ask about search options

Tips when searching:

• Try multiple spellings of the last name.
• Check both current and previous addresses in New York.
• If the deceased ever owned a business, search the business name as well.
• If your relative lived in other states, consider searching each state’s official unclaimed property agency, since unclaimed funds are usually held by the state where the company is located or where the last known address was.

Step 2: Identify Your Role and Relationship

Once you find a possible match for unclaimed funds, the next step is to understand how you’re connected to the deceased and whether you’re likely the appropriate person to file the claim.

Questions to consider:

• Are you the court-appointed executor or administrator of the estate?
• Are you a surviving spouse, child, or other next of kin?
• Was there a will, and has it been probated in Surrogate’s Court?
• Has any relative already opened a probate or administration estate?

In New York, the Comptroller’s Office commonly asks for:

• Estate documents if an estate has been opened
• Or, if no estate was opened, affidavits and family relationship documents to show who is legally entitled

If there is confusion or family disagreement over who should claim the funds, it may be necessary for someone to seek guidance from:

• A New York estates attorney, or
• The Surrogate’s Court where the deceased lived

HowToGetAssistance.org cannot provide legal representation or individual legal advice.

Step 3: Gather Key Documents for an Heir Claim

The exact documents required depend on:

• The amount of the claim
• The type of unclaimed property
• Whether an estate proceeding has been opened
• Your relationship to the deceased

However, certain documents are commonly requested when heirs claim unclaimed funds in New York.

Commonly Requested Documents

1. Identity and Address

• Photo ID (e.g., driver’s license, non-driver ID, passport)
• Proof of address, such as:
  • Utility bill
  • Bank statement
  • Lease or mortgage statement

2. Proof of Death

• Certified death certificate of the deceased
• In some cases, a photocopy may be accepted for initial review, but the state may later require an original or certified copy

3. Proof of Relationship / Heirship

Depending on your relationship:

• Spouse
  • Marriage certificate
  • Sometimes proof of name change, if different last name
• Child
  • Birth certificate showing the deceased as parent
  • Adoption papers, if applicable
  • Additional documents if names changed (e.g., marriage certificate)
• Parent
  • Birth certificate of the deceased
• Sibling
  • Birth certificates for both the deceased and claimant showing the same parents
• Other heirs (nieces, nephews, cousins, etc.)
  • May need multiple documents and sometimes a family tree affidavit

4. Estate Documents (if applicable)

If an estate was opened:

• Letters Testamentary (for executor named in a will)
• Letters of Administration (for administrator when there is no will)
• A copy of the will, if relevant
• Sometimes a court order approving the transfer of the funds to the estate

5. Proof of the Asset (Sometimes Helpful)

Not always required, but can strengthen your claim:

• Old bank statements, account numbers, 1099 forms
• Insurance policy numbers
• Employer or pension plan documents

Quick Reference: Typical Documents by Claim Type

*Exact requirements may vary. The New York Comptroller’s Office usually provides specific instructions for each claim.

Step 4: Completing the New York Heir Claim Process

After gathering your documents, you typically need to submit an official claim to New York State. While procedures can change, the process often includes these steps:

1. Review the Claim Instructions

   • The New York State Comptroller’s Office usually provides instructions tied to the specific unclaimed account you found.
   • Read carefully to see if the state expects a mail-in claim form, an online submission, or a combination.

2. Fill Out the Appropriate Claim Form

   • There may be different forms for:
     • Claims by individuals
     • Claims for deceased owners
     • Claims on behalf of an estate or business
   • You will typically need to provide:
     • The property ID or claim number
     • The deceased person’s name, Social Security number (if known), and last known address
     • Your relationship to the deceased
     • Your own contact information

3. Attach or Send Supporting Documents

   • Include copies of required documents (and originals if specifically requested).
   • Some documents, like affidavits, may need to be notarized.

4. Submit the Claim to the Official Address or Portal

   • Use only the official mailing address or online portal provided by the New York Comptroller’s Office.
   • Keep copies of everything you send and consider sending paper documents by a method that includes tracking.

5. Monitor for Follow-Up Requests

   • The state may contact you for:
     • Additional documentation
     • Clarifications regarding family relationships
     • Missing signatures or notarizations

What Happens After You File an Heir Claim?

Once the New York Comptroller’s Office receives your claim, they usually:

1. Review Your Documentation

   • Confirm that the deceased is indeed the owner
   • Verify your identity and relationship
   • Check whether there are other possible heirs or competing claims

2. Ask for More Information (If Needed)

   • It is common for staff to request:
     • Additional proof of relationship
     • More detailed estate documents
     • Corrected or notarized forms

3. Approve, Partially Approve, or Deny the Claim

   • If approved, funds are generally paid by check to:
     • The estate (if you are claiming as executor/administrator), or
     • The heir directly, depending on the circumstances
   • If denied, you should receive an explanation, and sometimes an option to submit additional evidence or an appeal.

Typical Timelines

Processing time can vary based on:

• The complexity of the claim
• The amount of money involved
• Whether multiple heirs or legal issues are involved
• How quickly you respond to requests for more information

Some straightforward claims may be resolved in a few weeks to a few months, while more complex estate claims may take longer.

Common Reasons Heir Claims Are Delayed or Denied

Delays and denials often happen for reasons that can be addressed with careful preparation.

Frequent Issues

• Missing documents

  • No death certificate
  • Incomplete family tree information
  • No proof of executor/administrator authority

• Name mismatches

  • Married names vs. maiden names
  • Nicknames vs. legal names
  • Spelling differences between documents

• Unclear heirship

  • Multiple possible heirs with equal priority
  • Unresolved questions about whether there was a will
  • Disputes among family members

• Incorrect or incomplete forms

  • Sections left blank
  • Missing signatures
  • Affidavits not notarized if required

• Outdated or invalid court documents

  • Old Letters Testamentary or Administration that do not match current estate status

If your claim is denied or delayed and the explanation is unclear, you can:

• Contact the New York Comptroller’s unclaimed funds office to ask what is missing.
• Speak with the Surrogate’s Court if the issue involves estate status or heirship.
• Consider consulting a New York probate or estate attorney if complex disputes arise.

How Appeals or Reviews Usually Work

If the Comptroller’s Office denies your claim or if you believe there has been an error:

1. Review the Denial Notice Carefully

   • Understand whether the issue is:
     • Missing documents
     • Lack of proof of relationship
     • Conflicting claims
     • Legal questions (e.g., who is entitled under New York law)

2. Gather Additional Evidence

   • Correct or supplement your documents:
     • Obtain certified copies
     • Provide additional family records
     • Secure updated court orders, if applicable

3. Contact the Comptroller’s Office

   • Use the official phone number or mailing address listed in your correspondence to:
     • Request clarification
     • Ask about the process to contest or reopen a claim

4. Consider Legal Help for Complicated Cases

   • If the dispute involves:
     • Large sums
     • Multiple potential heirs
     • A contested will
   • Many families choose to speak to a New York estate attorney who can advise on options in Surrogate’s Court or with the state.

HowToGetAssistance.org does not participate in appeals and cannot intervene with state agencies.

If You Don’t Qualify or Cannot Prove Your Claim

Sometimes, a person may suspect they are an heir but cannot meet New York’s documentation requirements.

Common scenarios:

• You lack birth certificates or older records.
• The family history is complicated (multiple marriages, adoptions, estrangements).
• Another person has stronger legal standing (for example, a surviving spouse when you are an adult child).

In these cases, possible next steps can include:

• Asking the Comptroller’s Office what alternative documents might be accepted.
• Requesting records from:
  • The New York City or local vital records office (for birth, death, marriage certificates)
  • Hospital or church records, when available
• Consulting with a probate or family law attorney about proving heirship in Surrogate’s Court.
• Checking whether a different heir (such as a sibling or parent) would be better positioned to claim on behalf of the family.

Not everyone who feels they “should” inherit will be able to legally prove their right to claim unclaimed assets under New York law.

How to Verify You Are Using an Official New York Channel

Because unclaimed money can attract scams, it is important to confirm that you are working only with legitimate, official offices.

Tips to Avoid Scams

• Check the Website Address

  • Official New York State sites generally:
    • Use a “.gov” domain
    • Clearly display that they are part of the New York State government

• Be Cautious if Asked to Pay a Fee Upfront

  • The State of New York does not typically charge a fee to search for or claim unclaimed funds.
  • Some private “finders” or “locators” offer to help for a fee or a percentage; if you choose to use one, research them thoroughly and understand the contract.

• Confirm Mail and Phone Contacts

  • Cross-check addresses and phone numbers using:
    • The official New York State government website
    • A call to a known, official government information line

• Protect Personal Information

  • You should expect to provide:
    • Your Social Security number in some cases
    • Copies of IDs and legal documents
  • Only share these through official channels you have independently verified.

• Be Skeptical of Unsolicited Contacts

  • If someone calls, emails, or mails you claiming you are owed money:
    • Verify directly with the New York Comptroller’s Office before signing or paying anything.

Other Helpful Resources You May Consider

While HowToGetAssistance.org is not an official agency, many families find it useful to reach out to:

• The New York State Comptroller’s Office – Unclaimed Funds Division
  For questions about search results, claim forms, and specific documentation requirements.

• The Surrogate’s Court in the county where the deceased lived
  For help with:

  • Understanding who has authority to collect assets
  • Opening or updating an estate proceeding

• 211 (in many areas)
  For referrals to:

  • Local legal aid organizations
  • Nonprofit services that assist with estate or financial matters

• Legal Aid or Bar Association Referral Services
  For low-cost or sliding-scale advice if your claim involves complex estates or family disputes.

By understanding how heir claims for unclaimed assets in New York typically work—who can claim, what documents you need, and how to navigate the official channels—you can be better prepared to move your claim forward with the appropriate state offices.