If a person has passed away and left unclaimed state funds, those funds may still be recovered by the proper heirs or legal representative. In Texas, who is entitled to claim those funds depends on whether the deceased had a will, whether an estate was opened, and who survives them.

Who can claim unclaimed funds for a deceased person?

In most cases, the person entitled to claim will be one of the following:

1. 1. 1. Executor or Administrator of the Estate
         If the estate was probated, the court-appointed representative usually has authority to claim the funds.
      2. Beneficiary Under a Will
         If there is a valid will, the person named in the will may be entitled to the funds, depending on the circumstances.
      3. Heirs at Law
         If there is no will, Texas heirship rules determine who inherits.

Basic Texas Heirship Rules

If there is no will, Texas generally follows this order:

1. 1. 1. Surviving spouse
      2. Children or descendants
      3. Parents
      4. Siblings or descendants of siblings
      5. More remote relatives, if necessary

Important Note About Spouses and Children

Texas law treats inherited rights differently depending on:

1. 1. 1. whether there is a surviving spouse
      2. whether the deceased had children
      3. whether those children were from the current marriage or another relationship
      4. whether the property is considered community property or separate property

Because of this, heirship can become more complex than it first appears.

Common Documents Needed

To file a claim for unclaimed funds belonging to a deceased owner, Texas may require:

1. 1. 1. Death certificate
      2. Claimant’s government-issued ID
      3. Social Security number or proof connecting the claimant to the deceased
      4. Probate documents, if an estate was opened
      5. Copy of the will, if applicable
      6. Affidavit of Heirship or other family history documentation
      7. Supporting records showing relationship to the deceased

If No Probate Was Opened

If the estate was never probated, heirs may still be able to claim the funds by providing documents that establish:

1. 1. 1. the owner is deceased
      2. the family relationship
      3. who the rightful heirs are under Texas law

How We Help

Recovering unclaimed funds for a deceased person can be time-consuming and confusing. We assist clients by:

1. 1. 1. identifying potential claims
      2. reviewing heirship issues
      3. helping gather required documents
      4. guiding the claim process from start to finish

Need Help?

If you believe you may be entitled to unclaimed state funds belonging to a deceased relative, we can help you understand the next steps.

Center for Asset Recovery
Call or Text: (479) 412-9810
Email: Recovery@CenterforAssetRecovery.com

Disclaimer

This handout is for general informational purposes only and is not legal advice. Heirship laws can vary based on the specific facts of each case.