Last Updated: September 2026
Discovering unclaimed property in the name of a deceased parent, spouse, grandparent, or other family member can raise an important question:
Can you legally claim it?
In California, the answer may be yes. However, being related to a deceased person does not automatically give someone the legal right to receive that person’s unclaimed property.
Depending on the circumstances, California allows certain heirs, trustees, and personal representatives to file claims for unclaimed property belonging to a deceased owner. The person filing the claim must generally provide documentation showing that they are legally entitled to receive the property.
This guide explains who may be able to claim unclaimed property belonging to a deceased person in California, what documentation may be required, and how the general claim process works.
Important Legal Disclaimer
This article is provided for general educational and informational purposes only and does not constitute legal advice. Probate, inheritance, estate, and unclaimed property matters can involve complex legal issues, and the appropriate process depends on the specific facts of each case. Laws and government procedures may change. For advice about your individual situation, consult a qualified attorney or other appropriate professional. Always review current information from the California State Controller’s Office and other applicable official sources.
Can You Claim Unclaimed Property Belonging to a Deceased Person in California?
Potentially, yes.
The California State Controller’s Office allows claims involving deceased property owners to be filed by certain people, including:
- Heirs
- Trustees
- Personal representatives
- Executors
- Administrators
However, the claimant must generally provide documentation that allows the State Controller’s Office to verify both the identity of the deceased property owner and the claimant’s legal right to receive the property.
For example, finding property listed under the name of your deceased parent does not automatically mean that you can immediately collect it. You may need to establish your relationship to the deceased person and demonstrate why you are legally entitled to the property.
The exact documentation required can depend on the circumstances of the estate and the type of person filing the claim.
What Is Unclaimed Property?
Unclaimed property generally consists of certain financial assets that have been inactive or unclaimed for the period established by California law.
Examples can include:
- Bank accounts
- Uncashed checks
- Insurance proceeds
- Stocks and securities
- Dividends
- Certificates of deposit
- Trust or escrow funds
- Safe deposit box contents
- Other financial assets
Sometimes property becomes unclaimed because the original owner moved, changed their name, lost contact with a financial institution, or died without family members knowing about the asset.
California’s unclaimed property program generally does not include real estate.
Related Article: [California Unclaimed Property Laws: How to Find and Claim Lost Money and Assets]
Who Can File a Claim for a Deceased Owner?
The person who can legally file a claim depends on the circumstances.
An Heir
An heir may be able to claim property belonging to a deceased person if they are legally entitled to inherit it.
California’s inheritance laws and the deceased person’s estate planning documents may affect who qualifies as an heir and who has the right to receive property.
If you are filing a claim as an heir, the California State Controller’s Office may require documentation showing your relationship to the deceased person and your legal entitlement to the property.
A Personal Representative
If a probate court has appointed someone to manage the deceased person’s estate, that person may have authority to handle property belonging to the estate.
Depending on the circumstances, this person may be called an:
- Executor
- Administrator
- Personal representative
A personal representative may be responsible for gathering estate property and handling the legal process required to distribute assets.
A Trustee
If the deceased person created a trust and the property is connected to that trust, the trustee may have authority to make a claim.
The documentation required may depend on the trust and the circumstances surrounding the property.
How Do You Find Unclaimed Property Belonging to a Deceased Relative?
The first step is to search California’s official unclaimed property system.
When searching for a deceased family member, consider checking:
- Their full legal name
- Previous names
- Name variations
- Former addresses
For example, if the person used a maiden name, middle name, or different version of their name, you may want to search those variations as well.
Keep in mind that a matching name does not automatically prove that the property belongs to your relative. Many people can have the same name.
The State Controller’s Office may require documentation connecting the deceased person to the property before approving a claim.
What Documents May Be Required?
The documents required for a deceased owner’s claim depend on the individual situation.
The California State Controller’s Office provides specific filing instructions for people claiming property belonging to a deceased owner.
Depending on the circumstances, you may need to provide documents relating to:
- Your identity
- The deceased person’s identity
- The deceased person’s death
- Your relationship to the deceased person
- Your legal right to receive the property
- The administration of the deceased person’s estate
Examples of documents that may be relevant include:
- A death certificate
- A will
- Trust documents
- Court documents
- Letters appointing a personal representative
- A court order distributing estate property
- Documentation establishing heirship
- Proof of your identity
The State Controller’s Office reviews claims based on the documentation submitted and the circumstances of the claim.
For this reason, it is important to follow the filing instructions that apply specifically to deceased-owner claims.
Do You Need a Death Certificate?
Documentation confirming the death of the property owner is commonly required in claims involving deceased owners.
A certified death certificate may be required as part of the documentation used to establish that the property owner has died.
Additional documents may then be needed to establish who is legally entitled to receive the property.
Because requirements can vary, claimants should review the current instructions provided by the California State Controller’s Office before submitting their claim.
What If the Deceased Person Left a Will?
If the deceased person left a will, the will may help establish who is entitled to receive property from the estate.
However, having a will does not necessarily mean that every asset can automatically be transferred without additional legal procedures.
Depending on the circumstances, probate or another estate-transfer process may be required.
The California State Controller’s Office may request official documentation relating to the will or estate administration when reviewing a deceased-owner claim.
If you are unsure whether a will gives you the authority to claim specific property, consider consulting a qualified probate or estate attorney.
What If There Is No Will?
When someone dies without a valid will, California law may determine who is entitled to inherit certain property.
This process is generally known as intestate succession.
The people entitled to inherit can depend on several factors, including:
- Whether the deceased person had a surviving spouse or domestic partner
- Whether the deceased person had children
- Whether there are other surviving relatives
- The type of property involved
- Whether the property passes outside of probate
- Whether the deceased person had a trust or other estate planning documents
Because inheritance rights can become complicated, particularly when multiple family members may have an interest in the property, legal guidance may be helpful in more complex situations.
Do You Have to Go Through Probate?
Not necessarily.
Whether probate is required depends on the circumstances of the deceased person’s estate and the type and value of property involved.
California provides different procedures for transferring property after someone dies. In some situations, a formal probate case may be necessary. In others, California law may provide a simplified process for qualifying estates or property.
The California Courts also provide information about small-estate procedures that may allow qualifying personal property to be transferred without going through a full formal probate process. Certain legal requirements must be met before those procedures can be used.
Do not assume that a simplified process automatically applies simply because the amount of unclaimed property is relatively small. The overall circumstances of the estate can matter.
What Is the Declaration Under Probate Code Section 13101?
The California State Controller’s Office provides a Declaration Under Probate Code Section 13101 for certain claims involving unclaimed property belonging to a deceased person.
The form may be used in qualifying circumstances to collect a deceased person’s unclaimed property without obtaining letters of administration or waiting for probate of the deceased person’s will.
However, specific legal requirements must be met before this process can be used.
The form addresses issues including:
- The identity of the deceased person
- The date of death
- Whether enough time has passed since the death
- The status of estate proceedings
- The claimant’s legal right to receive the property
Claimants should carefully review the current instructions and requirements before relying on this process.
How Long After Someone Dies Can You Start the Process?
For certain simplified California small-estate procedures, at least 40 days must generally pass after the person’s death before the procedure can be used.
However, the correct procedure for claiming unclaimed property can depend on the circumstances of the estate and the claimant’s legal authority.
The passage of 40 days does not automatically mean that every claimant can collect property. Other legal requirements may still apply.
What Happens If There Are Multiple Heirs?
Multiple people may have a legal interest in property belonging to a deceased person.
This can happen when the deceased person leaves behind:
- Multiple children
- A spouse or domestic partner
- Several heirs
- Beneficiaries under a will
- Beneficiaries under a trust
When multiple people may have legal rights to the property, additional documentation may be required.
The State Controller’s Office may need enough information to determine who is legally entitled to receive the property.
Disagreements among potential heirs can make estate matters more complicated. If there is a dispute about ownership or inheritance rights, legal advice may be necessary.
How to File a Claim for a Deceased Owner’s Unclaimed Property
The general process can involve the following steps.
Step 1: Search for the Property
Search California’s official unclaimed property records using the deceased person’s name.
Check possible name variations and former addresses when appropriate.
Step 2: Review the Property Information
If you find a possible match, carefully review the information available.
Remember that a name match alone does not prove ownership.
Step 3: Start the Claim Process
Follow the claim process provided by the California State Controller’s Office.
Claims involving deceased owners have specific filing instructions and documentation requirements.
Step 4: Gather Supporting Documents
Collect the documents requested for your situation.
Depending on the circumstances, these may include:
- Proof of identity
- A death certificate
- A will
- Trust documents
- Probate documents
- Documents establishing your right to inherit
- Other supporting records
Step 5: Submit the Claim
Submit the completed claim and required supporting documentation according to the State Controller’s Office instructions.
Incomplete documentation can delay the review process.
Step 6: Wait for Review
The State Controller’s Office will review the claim and documentation to determine whether the claimant has established a legal right to receive the property.
Processing times can vary depending on the circumstances and the completeness of the documentation.
Is There a Fee to Claim Unclaimed Property?
No fee is required to file an unclaimed property claim directly with the California State Controller’s Office.
The State Controller’s Office states that owners and eligible heirs can file claims directly without paying service charges or fees to the state.
Some private investigators, asset locators, or heir-finder companies may offer assistance for a fee.
Before paying a third party, consider checking whether you can complete the process directly through California’s official unclaimed property program.
Common Mistakes to Avoid
Assuming a Family Relationship Is Enough
Being a relative of the deceased person does not automatically establish a legal right to receive the property.
You may need to provide documentation establishing your entitlement.
Assuming a Matching Name Proves Ownership
Multiple people can have the same name.
The State Controller’s Office may require documentation connecting the deceased person to the property.
Submitting Incomplete Documents
Missing documentation can delay a claim.
Review the filing instructions carefully before submitting your claim.
Ignoring Estate Planning Documents
A will or trust may affect who has the legal authority to claim property.
Make sure you understand whether estate planning documents exist before filing a claim.
Paying a Private Company Without Checking the Official Process
California allows eligible claimants to file directly with the State Controller’s Office.
Consider using the official process before paying a third party for assistance.
Frequently Asked Questions
Can I claim my deceased parent’s unclaimed property in California?
Possibly. You may be able to file a claim if you are legally entitled to receive the property.
You will generally need to provide documentation showing your relationship to the deceased person and your legal entitlement.
Can I claim unclaimed property belonging to my deceased spouse?
Possibly.
Your eligibility can depend on the ownership of the property, estate planning documents, and California inheritance laws.
Do I need probate to claim a deceased person’s unclaimed property?
Not always.
Some estates or property transfers may qualify for simplified procedures, while other situations may require formal probate or another legal process.
Can multiple heirs claim the same property?
Potentially.
If multiple people are legally entitled to inherit, additional documentation may be required to establish how the property should be handled.
Is there a fee to file a claim with the California State Controller’s Office?
No. The California State Controller’s Office states that it processes unclaimed property claims without charging a filing fee.
Key Takeaways
If you find unclaimed property belonging to a deceased parent, spouse, grandparent, or other relative, you may be able to file a claim in California.
However, it is important to remember:
- A family relationship alone may not be enough.
- You may need to prove your identity and legal entitlement.
- A death certificate and other official documents may be required.
- A will, trust, or probate documents may affect who can claim the property.
- Some estates may qualify for simplified transfer procedures.
- Formal probate may be required in some situations.
- Eligible claimants can file directly with the California State Controller’s Office without paying a filing fee.
If you are uncertain about who legally owns or inherits the property, consider speaking with a qualified attorney.
Official Resources
For the most current information, review the official resources below:
- California State Controller’s Office — Claiming Property
- California State Controller’s Office — Deceased Owner Claim Filing Instructions
- California State Controller’s Office — Claim Filing Instructions and Forms
- California Courts — Guide to Property After Someone Dies
- California Courts — Small Estate Affidavit Information