How to Claim Unclaimed Property in Texas

Legal Tools to Claim Unclaimed Property

Unclaimed property in Texas is often a forgotten treasure waiting to be reclaimed. Whether it's a utility deposit, an overpayment, or even an inheritance, the Texas Comptroller of Public Accounts holds billions of dollars for rightful owners. Follow these steps to check and claim unclaimed property, and learn the legal tools required for certain situations.

Search for Unclaimed Property on ClaimItTexas.org

The Texas Comptroller's official website, ClaimItTexas.org, is the primary platform for finding unclaimed property. Simply enter your name or the name of a deceased relative to check if funds are being held in your name. Many residents find small amounts, such as utility refunds or bank account balances, but larger amounts tied to inheritances or life insurance policies are also common.

Legal Documents Required to Claim Property

The documentation required depends on the amount and type of property:

  1. Driver's License and Utility Bill: For smaller amounts (e.g., under $100), the Comptroller often accepts a valid ID and proof of address.
  2. Affidavit of Heirship: When claiming property on behalf of a deceased person, you may need an Affidavit of Heirship to establish your relationship to the decedent.
    1. Applicable Statute: Texas Estates Code § 203.001 governs the use of Affidavits of Heirship
  3. Determination of Heirship: For significant sums or complex cases, a probate court may issue a Determination of Heirship, identifying the rightful heirs.
    1. Applicable Statute: Texas Estates Code § 202.002 provides for judicial determinations in probate cases.
  4. Probate Court Order: Some claims may require a formal court order, especially when the Comptroller must confirm the legal distribution of substantial funds.

Avoid "Troll" Companies and Work with a Lawyer

Some companies scour public records to identify unclaimed property and contact potential heirs, offering to assist for a hefty fee (often 30-40% of the total). These services are generally unnecessary.

Instead, consider consulting a lawyer experienced in obtaining unclaimed property from the state. Legal professionals ensure compliance with the Texas Estates Code and streamline the process for substantial claims.

All information provided on Silblawfirm.com (hereinafter "website") is provided for informational purposes only, and is not intended to be used for legal advice. Users of this website should not take any actions or refrain from taking any actions based upon content or information on this website. Users of this site should contact a licensed Texas attorney for a full and complete review of their legal issues.