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

When a loved one dies in South Carolina, they may leave behind unclaimed bank accounts, checks, insurance payments, or other assets that were never properly delivered. These assets do not disappear. Instead, they are usually turned over to the State of South Carolina’s unclaimed property program until the rightful owner—or their heirs—file a claim.

This guide explains, in plain language, how heir claims generally work in South Carolina, what documents you may need, and how to move forward through official state channels. HowToGetAssistance.org is an independent information site and is not a government agency or application portal.

What Is “Unclaimed Property” in South Carolina?

In South Carolina, unclaimed property usually refers to money or other financial assets that have been inactive for a set period and could not be returned to their owner. Common examples include:

• Bank accounts (savings, checking, CDs)
• Uncashed checks (payroll, refunds, dividends)
• Utility deposits or refunds
• Insurance proceeds and benefits
• Stocks, dividends, mutual funds
• Safe deposit box contents (sometimes handled differently)
• Certain retirement accounts or similar funds

When the owner cannot be contacted for a long time, the business or institution holding the money is often required to send it to the state’s unclaimed property office.

If the owner has died, heirs or an estate representative may be able to claim those assets by proving their relationship and legal right to receive them.

Who Can Claim a Deceased Person’s Unclaimed Property in South Carolina?

South Carolina typically allows the following people or entities to file an heir claim or estate claim:

• Executor or personal representative named in the will or appointed by the probate court
• Administrator of an estate (when there is no will but the court appoints someone)
• Heirs-at-law (such as spouse, children, or other relatives) when:
  • There is no active estate, or
  • The estate is closed, or
  • The property is small enough to be handled by a simplified process
• A trustee if the property belongs to a trust

The exact rules depend on:

• Whether the deceased had a will
• Whether an estate was opened in probate court
• The value of the unclaimed property
• How long ago the person died

In many situations, the state will require proof that you are either:

1. The court-appointed representative of the estate, or
2. A legal heir with the right to inherit under South Carolina law.

Because inheritance rules can be technical, some families choose to consult a probate or estate attorney—especially when large sums or multiple heirs are involved.

Step-by-Step: How Heir Claims Usually Work in South Carolina

While exact steps can change over time, this is how the process typically looks when claiming unclaimed assets for a deceased relative in South Carolina:

1. Search for the Deceased Relative’s Name

Start with the official South Carolina unclaimed property search tool:

• Search by full legal name (and common variations, initials, maiden name)
• Try previous addresses if the relative moved around
• Note each property you believe belongs to your relative (name of holder, amount category, etc.)

You can confirm you are on the correct, official state website by:

• Looking for a “.gov” web address associated with the State of South Carolina
• Verifying references to the South Carolina State Treasurer’s Office or similar official authority
• Avoiding sites that demand fees just to search

2. Identify the Type of Claim: Owner, Heir, or Estate

Claims are usually categorized as:

• Original owner (for living people claiming their own property)
• Heir or beneficiary (you are claiming because the owner has died)
• Estate claim (filed in the name of the deceased person’s estate by an executor or administrator)

For a deceased relative, you will almost always be doing an heir or estate claim. The type you select may affect:

• Which forms you must complete
• What supporting documents the state requires
• Whether a probate file or court order is needed

3. Start the Claim Through the Official State Channel

Once you find property that appears to belong to your deceased relative, you typically:

1. Select the property you want to claim
2. Indicate that the owner is deceased
3. Specify your role, such as:
   • “Executor / Personal Representative”
   • “Heir / Beneficiary”
   • “Attorney-in-fact / Legal representative”
4. Follow the instructions to start a claim, which may:
   • Generate a claim form to print and sign, or
   • Allow you to submit an online claim and then mail supporting documents

Remember: you are working through the state’s official unclaimed property office, not HowToGetAssistance.org.

Documents You May Need for an Heir Claim in South Carolina

South Carolina typically requires documentation to show:

1. Identity of the deceased owner
2. Your identity
3. Your legal right to receive the money

Here is a typical checklist (requirements can vary by case and amount):

Proof the Owner Has Died

You’ll almost always need:

• Certified death certificate of the deceased owner

Proof of Your Identity

Expect to provide:

• Photo ID (driver’s license, state ID, passport)
• Sometimes Social Security number (or last 4 digits) for verification

Proof of Relationship / Legal Authority

Depending on your situation, South Carolina may ask for:

• Will naming an executor or beneficiary
• Letters Testamentary or Letters of Administration from the probate court
  • These show you are the court-appointed personal representative
• Small estate affidavit (in limited circumstances if allowed under South Carolina law)
• Heirship documentation, which may include:
  • Birth certificates (to prove child/parent relationships)
  • Marriage certificate (to prove surviving spouse)
  • Divorce decrees or name change orders if names do not match
• If there are multiple heirs:
  • Notarized statements or waivers from other heirs assigning their interest to you, or
  • Documentation showing how the property will be divided

Proof Linked to the Property Itself

In some cases you may be asked for:

• Old account statements
• Policy numbers or account numbers
• Correspondence from the original company or institution
• For safe deposit boxes, possibly an inventory from the holder, if available

It’s common for the state to request additional documents after reviewing your initial claim, especially if:

• The ownership trail is not clear, or
• Several potential heirs exist, or
• Names, addresses, or dates don’t quite match the unclaimed property record

Quick Reference: Common Roles and Required Documents

*This table is for general guidance only. The official South Carolina unclaimed property office decides what is needed in each case.

What Happens After You File an Heir Claim?

Once you submit your claim and supporting documentation through the official South Carolina unclaimed property office, the general process is:

1. Initial review

   • The agency checks that the claim form is complete and signed.
   • They confirm that basic documents (ID, death certificate) are included.

2. Verification of ownership and heirship

   • Staff verifies that the deceased’s information matches the unclaimed property record.
   • They determine whether your documents prove you are the right person to receive the funds.

3. Request for additional information (if needed)

   • If anything is missing or unclear, they may send you a letter, email, or request through the portal.
   • You may have a set period to respond with extra documents.

4. Approval or denial

   • If approved, you are typically issued a check payable either to:
     • You personally (if you are the heir), or
     • The estate (if the claim is made in the estate’s name)
   • If denied, you should receive a written explanation of the reason.

5. Payment timeline

   • Processing time depends on:
     • How complex the claim is
     • Whether additional documentation is needed
     • Current workload at the state office
   • Simple claims may move faster; complicated estate or multi-heir claims can take longer.

If you want an update, you can usually contact the South Carolina unclaimed property office directly using the phone or contact details provided on the official state website or claim form.

Common Reasons Heir Claims in South Carolina Are Delayed or Denied

Delays and denials often stem from documentation issues or misunderstandings about inheritance. Some frequent problems include:

• Missing or uncertified death certificate
• No proof of legal authority (for example, claiming as “executor” without Letters Testamentary from probate court)
• Incomplete heirship proof when there are multiple heirs or complicated family relationships
• Names don’t match due to:
  • Nicknames vs. legal name
  • Marriage or divorce name changes
  • Spelling errors in records
• Old addresses not clearly connected to the claimant or the deceased
• Unsigned or unreadable claim forms
• Outdated probate paperwork, such as letters that are no longer valid or that don’t cover the current claim
• Conflicting claims from other potential heirs or representatives

If your claim is denied, the notice from the state usually explains why. That explanation can help you decide whether to:

• Gather additional documents and refile, or
• Speak with a probate or estate attorney for guidance, especially in complicated or high-value cases.

Do You Need to Go Through Probate Court in South Carolina?

Whether you must go through probate to claim unclaimed property for a deceased person in South Carolina depends on:

• The total size of the deceased person’s estate
• Whether the deceased left a will
• How the property was titled (joint accounts, payable-on-death, etc.)
• The rules at the time of death

Some situations where probate involvement is more likely:

• The property is substantial in value
• Multiple heirs are disagreeing
• There are debts that must be paid from the estate
• There is no clear heir or no straightforward proof of relationship

In smaller or simpler cases, a small estate process or heirship documentation may be allowed instead of full probate. The unclaimed property office may tell you if they require a probate order or court-appointed representative for your specific claim.

Because probate rules are legal in nature, many people find it helpful to:

• Contact the South Carolina probate court in the county where the deceased lived, or
• Consult with a South Carolina attorney experienced in probate and estate matters.

How Long Do You Have to Claim Unclaimed Property in South Carolina?

In many states (including South Carolina), unclaimed property generally does not expire in the sense of being forfeited permanently. Instead, it typically remains with the state until a qualifying owner or heir files a valid claim.

However:

• The documentation needed can become harder to obtain as time passes (e.g., older court records or proof of relationship).
• The rules about handling very old property or certain asset types may change over time.

Because of this, it is usually wise to start the claim process as soon as you discover that unclaimed property exists.

How to Make Sure You’re Using Official South Carolina Channels (Avoiding Scams)

Unclaimed property attracts scammers who may try to charge high fees or steal personal information. To protect yourself:

Verify you’re on an official site:

• Look for a “.gov” web address and clear indication it belongs to the State of South Carolina.
• Check that the site refers to the State Treasurer’s Office or another official state department.
• Avoid sites that:
  • Demand payment just to search for your name
  • Promise “fast-track approval” for a large fee

Be cautious with personal information:

• Only enter Social Security numbers, birthdates, or ID details on verified, secure, official state websites or official paper forms.
• If someone calls claiming to be from the state unclaimed property office, you can hang up and call back using the phone number listed on the official South Carolina government website, not the one that called you.

Understand “finder” and “locator” services:

• Some private companies offer to help locate and claim unclaimed property for a fee or percentage of what you recover.
• In many cases, you can do the search and file the claim yourself for free through the official South Carolina unclaimed property office.
• If you choose to work with a third party, make sure:
  • You understand the contract, including any fees, and
  • You are comfortable sharing the personal information they request.

If something feels suspicious, you can:

• Contact the South Carolina unclaimed property office directly to confirm any offers
• Consider reaching out to the South Carolina Department of Consumer Affairs or similar state consumer protection office for guidance.

If You Don’t Qualify or Can’t Prove Heirship

Sometimes a person believes they are entitled to a deceased relative’s property, but the documentation is missing or unclear. Common situations:

• No birth certificates or marriage records available
• Family disputes over who is a legal heir
• Past name changes with limited records

Possible next steps can include:

• Requesting replacement records (birth certificates, marriage licenses, etc.) through official vital records offices
• Checking with the probate court for old estate files or heirship determinations
• Speaking with a South Carolina attorney about:
  • Proving heirship
  • Reopening or initiating probate
  • Getting a court order that clarifies who inherits

If it is ultimately not possible to prove a legal right to the property under South Carolina law, the state unclaimed property office may not be able to release the funds.

Key Takeaways for Heir Claims in South Carolina

• Unclaimed property can include bank accounts, insurance money, and other funds held by the state when businesses cannot locate the owner.
• Heirs and estate representatives can often claim property belonging to a deceased person by proving:
  • The owner has died
  • Their own identity
  • Their legal right to the funds (as executor, administrator, or heir).
• Expect to provide official documents, such as:
  • Death certificate
  • Photo ID
  • Probate papers (Letters Testamentary/Administration)
  • Proof of relationship (birth or marriage certificates)
• The process runs through the official South Carolina unclaimed property office, not through HowToGetAssistance.org.
• Claims can take time, especially if the estate is complex or documents are incomplete.
• You can usually search and file a claim directly with the state at no cost, and you should always verify that you are using a legitimate South Carolina government site or office.

By gathering the right documents and working through the official South Carolina channels, many families are able to recover unclaimed assets that belonged to a deceased relative.