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

Discovering that a deceased relative may have unclaimed money or property in Texas can feel confusing, especially when you are already dealing with estate issues and paperwork. This guide walks through how heirs in Texas typically claim unclaimed assets, what to expect from the process, and how to move forward through official state channels.

HowToGetAssistance.org is an independent information site. It is not a government agency, not a court, and not a claims portal. You cannot file or check a claim here, but this overview can help you understand the usual steps so you can work directly with the appropriate official Texas offices.

What Are Unclaimed Assets in Texas?

In Texas, unclaimed property (sometimes called unclaimed assets) usually refers to money or property that belongs to someone but has been inactive for a certain period. The business or institution holding it eventually turns it over to the State of Texas.

Common examples of unclaimed assets for a deceased person include:

• Bank accounts and credit union accounts
• Uncashed checks (paychecks, refunds, insurance payments)
• Life insurance proceeds or annuities
• Utility deposits and refund checks
• Safe deposit box contents
• Stocks, bonds, and dividends
• Royalty payments (oil, gas, mineral rights)

Real estate and vehicles typically do not fall under state unclaimed property programs. Those are generally handled through probate or title transfer processes, not through the unclaimed property system.

When the owner has died, Texas usually allows heirs, beneficiaries, or the estate’s legal representative to file a claim to recover those assets.

Who Can Claim a Deceased Person’s Unclaimed Assets in Texas?

Eligibility can depend on:

• Whether there was a will
• Whether the estate was probated (handled through court)
• How large or small the estate is
• Your legal relationship to the deceased

In many cases, Texas recognizes claims from:

• Executor or administrator of the estate (if one is appointed by a court)
• Heirs under Texas intestacy laws (if there is no will)
• Named beneficiaries (for example, on a life insurance policy)
• Surviving spouse, children, or parents in specific circumstances

If the estate has already gone through probate in Texas, the personal representative (executor or administrator) is often the one who should submit the claim, then distribute the recovered funds according to court orders or the will.

If the estate was not probated, Texas may allow heirs to use small estate procedures or heirship affidavits to show who is entitled to the property.

Because situations can be complex, many families choose to talk with a probate or estate attorney licensed in Texas when there is disagreement among heirs or when significant assets are involved.

Step 1: Search for Unclaimed Property in the Deceased Person’s Name

The first step is usually to see if any property is actually listed under your relative’s name.

In Texas, this is typically done through the state’s official unclaimed property search:

1. Go to the official Texas unclaimed property website operated by the Texas Comptroller of Public Accounts.
2. Use the search function to look up:
   • The deceased person’s full legal name
   • Any nicknames, maiden names, or prior married names
   • Their last known address or city, if the site offers address filters
3. Make a list of any potential matches, including:
   • Name of the reporting business or institution
   • Type of property (e.g., bank account, insurance, dividends)
   • Approximate amount (if shown)

If you are unsure whether a record belongs to your relative (for example, common names like “John Smith”), you may need to compare:

• Past addresses
• Employers
• Banks or insurance companies your relative used

If you have trouble with the online system, you can usually contact the Texas Comptroller’s unclaimed property division by phone or mail, using the contact information listed on the official state website.

Step 2: Identify What Kind of Claim You Need to File

On Texas’s system, you will typically see different claim types, such as:

• Original owner (individual) – for living owners
• Estate of deceased owner – for claims made by an estate representative
• Heir or beneficiary – when no formal estate is open, or you are a named beneficiary

For a deceased relative, you’ll generally select a claim type that reflects:

• Whether you are acting on behalf of the estate (as executor/administrator)
• Whether you are claiming as an heir in your own right
• Whether you are a beneficiary on an account or policy

If you are not sure which claim type applies, the official site often provides explanations for each option, or you can contact the Comptroller’s office for guidance on which category best fits your situation.

Step 3: Gather the Required Documents

Texas usually requires proof of several things:

1. Proof of the original owner’s identity
2. Proof that the original owner is deceased
3. Proof of your right to claim (heirship or authority)
4. Proof of current address and your own identity

Below is a general overview. Exact requirements can vary by case and claim type.

Common documents for heir claims in Texas

• Death certificate of the deceased owner (certified copy)

• Your government-issued photo ID (driver’s license, passport, state ID)

• Proof of your Social Security number (sometimes requested)

• Proof of relationship, which might include:

  • Birth certificates (for children of the deceased)
  • Marriage certificate (for surviving spouse)
  • Adoption records (where applicable)

• Estate-related documents (if applicable):

  • Letters testamentary or letters of administration (showing you are the court-appointed executor/administrator)
  • Certified copy of the will (if probated)
  • Order admitting the will to probate or court orders affecting distribution

• Heirship or small estate documents when no probate was done:

  • Affidavit of heirship
  • Small estate affidavit
  • Other documents recognized under Texas law for small estates

• Supporting documents tied to the asset, such as:

  • Old account statements
  • Insurance policy documents
  • Stock certificates
  • Correspondence from a bank or company that reported the funds

You do not typically send original IDs or irreplaceable documents unless the state specifically instructs you to. In most cases, copies (often notarized or certified) are requested.

Quick Reference: Common Document Types for Heir Claims in Texas

The Texas Comptroller’s instructions for each claim type usually list exactly which documents are required or acceptable.

Step 4: Submit the Claim Through Official Texas Channels

Once you’ve identified the assets and gathered your documents, the next step is to file the claim with the Texas Comptroller of Public Accounts, not with a private website.

Typical ways to submit a claim in Texas include:

1. Online submission

   • Start your claim on the official Texas unclaimed property website.
   • Fill in the requested information about the deceased and yourself.
   • Upload scanned copies of required documents (if the system allows).

2. Mailing a printed claim form

   • Some claims may require you to print and sign a claim form.
   • You may need to have your signature notarized, especially for heir or estate claims.
   • Mail the form and copies of documents to the official address listed on the Texas Comptroller’s site.

3. Fax or email (in limited cases)

   • In certain circumstances, the Comptroller may accept documents by fax or secure email. Check the instructions on the official website or ask the office directly.

HowToGetAssistance.org cannot accept or transmit these forms for you. All official paperwork must go directly to the Texas Comptroller’s unclaimed property division or any other official office specified by the state.

Step 5: What Happens After You File a Claim?

After you submit an heir claim for unclaimed property in Texas, the process usually follows these steps:

1. Initial review

   • The Comptroller’s staff reviews your claim to see if it’s complete.
   • They may check your documents against their records.

2. Requests for additional information

   • If something is missing, unclear, or inconsistent, you may receive a letter, email, or online message asking for:
     • Additional documents
     • Clarification
     • Updated information

3. Verification of heirship or authority

   • For estate or heir claims, they may review:
     • Court orders
     • Affidavits of heirship
     • Small estate affidavits
     • Other Texas-acceptable proof of who is legally entitled

4. Decision and payment

   • If approved, the State of Texas typically issues payment by check or another method described in the Comptroller’s instructions.
   • If property is not cash (for example, stock or safe deposit box contents), the handling may differ. The Comptroller’s office will usually explain in writing what to expect.

Processing times can vary, depending on:

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

If there is a delay and you are unsure why, you can contact the Texas Comptroller’s unclaimed property office using the phone number or contact details they provide.

Common Reasons Heir Claims Get Delayed or Denied in Texas

Knowing common problem areas can help you prepare a smoother claim.

Frequent issues include:

• Incomplete documentation

  • Missing death certificate
  • No proof you are related or entitled to the asset

• No clear authority

  • Claim filed by someone who is not the executor or administrator when the estate has been probated
  • Conflicting claims from multiple individuals

• Incorrect or inconsistent information

  • Names spelled differently on various documents
  • Addresses or dates of birth that do not align with records
  • Name changes (such as through marriage) not explained by supporting documents

• Unresolved heir disputes

  • Disagreements among siblings or extended family over who should receive the funds
  • Allegations that a will is invalid or that someone was left out

• Expired documentation or missing court orders

  • Probate documents from another state not properly “domesticated” in Texas, if required
  • Estate proceedings that never properly concluded

If your claim is denied, the Texas Comptroller’s office typically sends a notice explaining why. In some cases, you may:

• Resubmit the claim with corrected or additional documents, or
• Seek help from a Texas attorney familiar with probate and unclaimed property to assess your options.

Special Situations: Texas Heir Claims That May Need Extra Steps

When There Was a Will (Probated Estate)

If the deceased left a will that was probated in a Texas court, the usual process is:

• The court-appointed executor or administrator submits the claim on behalf of the estate.
• The state releases the funds or property to the estate, not directly to individual heirs.
• The personal representative then distributes assets under the will’s instructions and any court orders.

If you are an heir but not the executor, the Comptroller may tell you to coordinate with the estate’s personal representative.

When There Was No Will (Intestate Estate)

If your relative died without a will and there was no probate, Texas may rely on:

• Affidavits of heirship, signed and notarized by individuals familiar with the family structure, or
• Small estate affidavits, if the estate qualifies under Texas law

These documents help show how Texas law would distribute the estate and who the rightful heirs are.

Because intestacy laws can be specific and depend on whether the deceased was married, had children from previous relationships, or owned certain types of property, many families choose to consult an attorney to ensure the heirship information is accurate.

Out-of-State Heirs or Documents

If you live outside Texas or even outside the United States:

• You may still file a Texas heir claim if you are legally entitled.
• You may need notarizations that comply with Texas standards.
• Foreign documents might require translations or additional certifications (for example, apostilles), depending on what the Texas office requires.

It is usually helpful to call or email the Texas Comptroller’s unclaimed property division before sending international documents to understand exactly what they can accept.

Verifying You’re Using an Official Texas Channel (Avoiding Scams)

Unclaimed property and heir claims can attract scammers and unofficial “finder” services. To protect yourself:

• Check the website address carefully.

  • Official Texas unclaimed property sites are run by the Texas Comptroller of Public Accounts.
  • Look for clear references to the State of Texas and official contact info (Austin mailing addresses, .gov domain, etc.).

• Be cautious about fees.

  • The State of Texas typically allows you to claim unclaimed property directly at no charge.
  • Some “heir finder” or “locator” companies may offer to help you for a percentage of the recovered funds. This may be legal, but it is optional and not required to file a claim.

• Do not share personal information on unknown sites.

  • Avoid entering your Social Security number, bank account details, or ID numbers on websites that do not clearly identify themselves as official state portals.

• Confirm by phone if you are unsure.

  • You can call the Texas Comptroller’s unclaimed property office using the phone number listed on the official Texas state website and ask if a letter, email, or website is legitimate.

If someone is pressuring you to sign a contract quickly, or promises to speed up approval in exchange for a high fee, it is usually wise to pause, verify, and consider getting your own legal advice.

Alternatives If You Do Not Qualify or the Claim Is Too Complex

Sometimes, a family member may discover unclaimed assets, but:

• They are not actually an heir under Texas law,
• The estate has conflicting claims, or
• The state asks for legal documents you do not yet have.

Depending on your situation, potential next steps may include:

• Opening or reopening probate in a Texas court, if allowed, to clarify authority and heirship.
• Filing an affidavit of heirship or small estate affidavit, when appropriate, with help from a Texas attorney.
• Discussing options with a legal aid organization if you cannot afford private counsel. Some Texas regions have nonprofit legal aid services that handle basic probate or estate issues for qualifying individuals.
• Using public information lines such as 2-1-1 (a community services helpline) to locate local legal assistance or senior law programs.

While this adds time and effort, resolving legal authority first often makes the unclaimed property claim smoother and more likely to be approved.

Key Takeaways for Heir Claims in Texas

• Unclaimed property in Texas is handled by the Texas Comptroller of Public Accounts, not by private information websites like HowToGetAssistance.org.
• Heirs, beneficiaries, and estate representatives can usually claim funds left by a deceased relative, but must prove death, identity, and legal entitlement.
• Expect to provide documents such as a death certificate, ID, proof of relationship, and possibly probate or heirship documents.
• Claims are generally filed online or by mail through the official Texas unclaimed property portal or address, and processing may take time, especially if the situation is complex.
• Delays often arise from missing documents, unclear heirship, or disputes among relatives.
• You can typically avoid scams by using only official Texas government channels, confirming contact information, and understanding that you can usually file your own claim at no cost to the state.

With the right documents and a clear understanding of your role as an heir or estate representative, many families are able to successfully recover unclaimed assets through the official Texas process.