When the owner has passed away
Families often learn about the money years later, if at all. The surplus becomes part of the estate and passes to the heirs, once the court can see who they are.
How claims for heirs work
An heir’s claim needs one more thing than an owner’s: proof of who is entitled. Every state has its own ways to show it.
- Who can claim
- The heirs, or the people named in the will. Surplus owed to the former owner becomes part of the estate.
- What the court wants
- Proof of who the heirs are: usually a probate order, or where the state allows it, an affidavit of heirship or a small estate affidavit.
- Small estates
- Many states have a simpler process for small estates, with limits set by each state, such as $75,000 in Texas or a $50,000 base, adjusted for inflation, in Michigan. Some states have no such shortcut.
- Several heirs
- Usually everyone entitled takes part in the claim or signs off on it. We bring the family’s paperwork together in one place.
- Deadlines
- The deadlines for owners apply to heirs too, and some states will not pay an heir until an estate is opened, so start early.
Every estate is different. When a will, a probate case or a disagreement between heirs is involved, we work alongside a licensed attorney.
What the court will want to see
Most families already have most of these papers. We help find the rest and put them in the order the court expects.
Read the guide for heirs- The owner’s death certificate
- A will and probate order, if there was a will
- An affidavit of heirship or a small estate affidavit, if not
- Photo ID for each heir who claims
Ready for the court
Questions people ask
Can I claim surplus funds from my late parent’s property?
Yes, if you are one of the heirs or are named in the will. The surplus becomes part of the estate, and the court, county or trustee will want proof of who is entitled before releasing it.
Do we need to open probate?
Not always. Many states let heirs use a simpler small estate process when the estate is below a set amount, and the limits differ from state to state. When there is a will, a disagreement or a larger estate, we work alongside a licensed attorney.
What if there are several heirs?
Usually everyone who is entitled takes part in the claim or signs off on it. We bring the family’s paperwork together in one place, so one missing signature does not hold up everyone else.
What will the court ask us for?
Proof of who the heirs are: the death certificate, and a probate order or, where the state allows it, an affidavit of heirship or a small estate affidavit, plus photo ID for each heir who claims.
Find out if a family property left money behind
Give us the property address and the owner’s name. We check the records for free.
Or call (817) 308-1202