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

When someone passes away in West Virginia, they may leave behind unclaimed money or property that never made it to their heirs. This can include forgotten bank accounts, utility deposits, stock dividends, or uncashed checks. In many cases, this property ends up listed as unclaimed property with the State of West Virginia.

This guide explains, in plain English, how heir claims for unclaimed assets in West Virginia typically work, what heirs usually need to provide, and how to move forward through the official state channels. HowToGetAssistance.org is an informational resource only and is not a government agency, not a law firm, and not an application portal.

What Is “Unclaimed Property” in West Virginia?

Unclaimed property generally refers to financial assets that have been inactive or unclaimed for a certain period of time. Businesses are required to turn this property over to the state if they cannot locate the owner.

For a deceased relative in West Virginia, this might include:

• Bank or credit union accounts
• Uncashed checks (payroll, refund, insurance proceeds)
• Utility or rent deposits
• Life insurance proceeds or annuities
• Stocks, bonds, mutual funds, or dividends
• Safe deposit box contents (handled a bit differently, often via auction with proceeds held by the state)

The State Treasurer’s Office usually maintains the official database of unclaimed property in West Virginia. Heirs can search for a deceased relative’s name and then follow the official instructions to file a claim.

Who Can Claim Unclaimed Property for a Deceased Person?

Not everyone can claim money on behalf of a deceased person. Typically, West Virginia allows claims from:

• Executor or administrator of the estate
  Someone formally appointed by a probate court to manage the deceased person’s estate.

• Heirs or beneficiaries
  For example:

  • Surviving spouse
  • Children or stepchildren
  • Parents, siblings, or other relatives, depending on West Virginia inheritance laws and the situation

• Other legally authorized representatives
  Such as:

  • Court-appointed guardian (of an heir, not of the deceased)
  • Attorney or representative with a valid power of attorney (where applicable)

Whether you can claim directly as an heir, or must first open or reopen an estate in probate court, often depends on:

• The value of the unclaimed property
• Whether the deceased left a will
• Whether the estate was already probated
• How long ago they passed away

If you’re unsure whether you can file the claim yourself, you may want to speak with a West Virginia probate attorney or the clerk of the county probate court where your relative lived or owned property.

Step-by-Step: How Heir Claims Usually Work in West Virginia

The exact steps may vary based on the type and value of the property, but most families follow a process like this:

1. Search for Unclaimed Property

Start by searching for your deceased relative on the official West Virginia unclaimed property website or by contacting the West Virginia State Treasurer’s Office directly.

You will usually:

• Search by full legal name (including middle initial or maiden name, if known)
• Try alternative spellings, nicknames, or prior married names
• Check for old addresses or cities where they lived, worked, or owned property

If you’re not comfortable searching online, you can usually:

• Call the State Treasurer’s unclaimed property division
• Write to them and request help searching records

2. Review the Property Listings

If you find a match for your relative, the listing may show:

• The name of the apparent owner
• The type of property (e.g., bank account, insurance, utility refund)
• The approximate value range (sometimes just a range like “under $100,” “over $100,” etc.)

Pay attention to:

• Whether the address matches where your relative lived
• Whether the business or institution name looks familiar (a known bank, employer, insurer, etc.)

It’s common to see more than one listing, especially if your relative had several accounts or moved around.

3. Start an Heir Claim

Most official systems will ask if the property owner is deceased. Once you indicate that, you’ll usually be guided into an heir or estate claim process.

You may need to:

• Create an online account on the official unclaimed property portal, or
• Request a paper claim form by mail or print it from the official website

On the claim form, expect to provide:

• Your contact information
• Your relationship to the deceased (e.g., son, daughter, spouse, executor)
• The claim ID or property ID (from the search results)
• Basic details about the deceased:
  • Full name
  • Last known address
  • Date of birth and date of death
  • Social Security Number (if known)

4. Gather Required Documents

For heir claims, documentation is critical. The state needs proof that:

1. The deceased person really is the owner of the property.
2. You have the legal right to claim it.

Common documents include:

• Death certificate of the deceased relative (certified copy is often required)
• Proof of your identity:
  • Government photo ID (driver’s license, state ID, passport)
  • Sometimes proof of Social Security Number
• Proof of your address:
  • Utility bill, lease, or bank statement showing your current address

To show your legal right to claim, you may need:

• Will and Letters Testamentary (if you are the named executor and probate has been opened)
• Letters of Administration (if the court appointed you as administrator for an intestate estate—no will)
• Small estate affidavit or similar document if allowed by West Virginia law for modest estates
• Relationship documents:
  • Birth certificate (child of the deceased)
  • Marriage certificate (spouse of the deceased)
  • Other legal documents that show your relationship

If the deceased had no will and no formal estate administration, the Treasurer’s Office may have specific instructions or forms for heirs to show how West Virginia’s inheritance rules apply in your case.

Typical Documents to Prepare (Quick Reference)

Below is a general overview of what you may need. Exact requirements depend on the State Treasurer’s Office and your situation.

If anything is unclear, you can ask the unclaimed property division what they require for your specific type of claim.

Where and How to Submit an Heir Claim in West Virginia

Process details can change, so always rely on official instructions from the State Treasurer’s Office. In general, you may have one or more of these options:

Online (if available)

Many states allow heirs to:

1. Start or complete a claim through the official unclaimed property website.
2. Upload scans or photos of documents (like ID or death certificate).
3. Electronically sign forms, if permitted.

Some heir claims still require mailed originals or notarized documents, even if you start online.

By Mail

You may be asked to:

• Print and fill out the official claim form.
• Attach copies or certified copies of required documents.
• Get your signature notarized, depending on the instructions.
• Mail the packet to the West Virginia State Treasurer’s Unclaimed Property Division at the address provided by the state.

In Person

In some cases, you can:

• Visit the State Treasurer’s Office or other designated state office.
• Present documents and ask questions directly.
• Get help understanding what else you might need.

To verify where in-person help is available, call the Treasurer’s Office or check the official state website.

What Happens After You File an Heir Claim?

Once your claim is submitted, the next steps usually include:

1. Initial Review

The unclaimed property staff will:

• Verify that the property belongs to the deceased person you identified.
• Confirm that the documents support your relationship or authority.
• Check that the claim form is signed and complete.

2. Requests for Additional Information

If something is missing or unclear, they may:

• Send you a letter or email requesting:
  • Additional proof of relationship
  • Clarifying documents
  • Corrected or notarized forms
• Ask for court documents if probate is required or incomplete

Delays often happen here when claimants:

• Do not respond promptly
• Send incomplete documentation
• Submit documents that don’t clearly match names or dates

3. Claim Approval or Denial

If approved, the state will typically:

• Issue a check to the appropriate person or estate
• Sometimes require additional documents for large claims or complex estates

If denied, the notice may explain:

• Why it was denied (e.g., insufficient proof, conflicting heirs, legal issues)
• What steps, if any, you can take to correct or appeal the issue

Common Reasons Heir Claims Get Delayed or Denied

Understanding common stumbling blocks can save time. In West Virginia, typical issues include:

• Missing proof of relationship
  For example, no birth certificate or marriage certificate to verify you as a child or spouse.

• Names don’t match
  Different spellings, maiden vs. married names, or nickname vs. legal name not clearly explained with documents.

• Estate issues not settled
  No probate has been opened when required, or more than one heir claims the same asset without showing how it should be divided.

• Insufficient documentation from the court
  No Letters Testamentary/Administration when the estate actually went through probate.

• Expired or incomplete forms
  Claim forms not signed, not notarized when required, or missing pages.

• Claim filed by the wrong person
  A distant relative tries to claim when closer heirs (like spouse or kids) are still living and have priority under West Virginia law.

To reduce problems, follow the official checklist from the unclaimed property office carefully and keep copies of everything you send.

Do You Need to Go Through Probate Court?

Whether you must open an estate in probate court depends on several factors:

• The total value of the unclaimed property
• Whether the deceased left a will
• Whether other assets (like a house, investments, or vehicles) also need to be transferred
• How long it has been since the person died

Some smaller estates may qualify for simplified procedures under West Virginia law, while larger or more complex estates may require a full probate process.

If the State Treasurer’s Office indicates that:

• They cannot release funds to heirs without formal authority, or
• They require an executor or administrator

you may need to contact:

• The county probate court (county commission) in West Virginia where the deceased lived, or
• A West Virginia probate attorney for legal guidance

HowToGetAssistance.org cannot provide legal advice, but speaking to a local lawyer or the court clerk can clarify what the law requires in your situation.

How Long Do You Have to Claim Unclaimed Property in West Virginia?

In many states, unclaimed property held by the state is not forfeited and can generally be claimed at any time by the rightful owner or heirs. However:

• Certain types of property or safe deposit box contents could have different handling rules.
• Local probate deadlines may still matter if you need to open an estate.

To get accurate information for West Virginia:

• Check the official unclaimed property website, or
• Call the State Treasurer’s Unclaimed Property Division and ask about time limits and special rules.

Verifying You’re Using Official West Virginia Channels (Avoiding Scams)

Because unclaimed property involves money, scams are common. To protect yourself:

• Be cautious of unsolicited calls or letters
  Be extra careful if:

  • Someone contacts you out of the blue about “millions in unclaimed funds”
  • They pressure you to act immediately
  • They refuse to give you official contact information so you can verify

• Check that you’re on an official state website
  When searching online:

  • Look for clear references to the State of West Virginia or the State Treasurer’s Office.
  • Avoid sites that ask for upfront fees to search or file basic claims.

• Know that you can usually claim property for free
  The official unclaimed property process typically does not charge a fee to file a claim.
  Some “heir finders” or “asset locators” may charge a percentage for their services. If you choose to work with one, read any contract carefully and verify the person’s legitimacy.

• Confirm by phone if unsure
  Use a phone number listed on:

  • The official West Virginia state government website, or
  • The State Treasurer’s Office contact page,
    not a random email or unknown flyer.

If something feels off, pause and verify through official state contact channels before sharing personal information.

What If You Don’t Qualify or Your Claim Is Denied?

If your heir claim is denied or you’re told you do not qualify, you still have options:

• Ask for a clear explanation
  Contact the unclaimed property division and politely ask:

  • Why the claim was denied
  • Whether you can supply additional documents
  • Whether there is a formal appeal or review process

• Correct and re-file
  If the denial was due to missing or incorrect paperwork, you may be able to:

  • Gather stronger proof (e.g., certified copies, additional records)
  • Refile or submit a follow-up packet, as permitted by the state

• Talk to a probate or estate attorney
  If the issue is about:

  • Conflicting heirs
  • Complex inheritance rules
  • Disputes over who should receive the funds
    legal advice from a West Virginia attorney can be helpful.

• Inform other family members
  Even if you cannot personally claim the money, another relative (such as a closer heir or appointed executor) may be able to follow the correct process.

Practical Tips Before You Start an Heir Claim

A few steps can make the process smoother:

• Collect basic info about your relative
  Full name, aliases, prior names, addresses, date of birth, date of death, and Social Security Number (if available).

• Gather relationship documents early
  Birth and marriage certificates sometimes take time to obtain from vital records offices.

• Keep organized copies
  Make a folder (paper or digital) with:

  • Copies of forms you submit
  • Copies of IDs and certificates
  • Notes of phone calls (dates, names, and what was discussed)

• Be patient and responsive
  Processing times can vary. If the state requests more information, responding quickly can help prevent long delays.

By understanding how heir claims in West Virginia typically work, what documents you’ll need, and how to interact with official state offices, you can take practical steps toward recovering unclaimed assets for your deceased relative. For the most accurate and up-to-date instructions, always rely on the West Virginia State Treasurer’s Office or the official state unclaimed property portal before submitting your claim.