# Unclaimed Property of a Deceased Relative in California

> How heirs search for and claim a deceased relative's California unclaimed property: SCO documents, small estate affidavit, no deadline, finder fee limits.

Source: https://ridleylawoffices.com/unclaimed-property-deceased-relative-california/

**Short answer:** Search the State Controller’s free unclaimed property database at claimit.ca.gov under your relative’s name. An heir, trustee, or personal representative can then file a claim with the death certificate, photo ID, and proof of the right to inherit. California sets no deadline for claiming property the Controller holds, and no one has to be paid to do it.

- Heirs and estate representatives count as “owners” who may file a claim ([Code Civ. Proc. § 1540](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1540)).
- The Controller decides each claim within 180 days of filing (Code Civ. Proc. § 1540(b)).
- With no will and no probate, an heir signs a Probate Code § 13101 declaration and a Table of Heirship, if the estate is under the small estate limit of $208,850 ([Prob. Code § 13100](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=13100)).
- A finder’s fee agreement is invalid if it requires payment before the Controller approves and pays the claim, and it can’t exceed 10 percent ([Code Civ. Proc. § 1582](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1582)).

Every year, California banks, insurers, and utilities hand the State Controller money that sat untouched for about three years. Some of it belongs to people who have died, and their families never hear about it. This page walks through how to find that money, who may claim it, what paperwork the Controller’s office asks for, and how to avoid paying a stranger for something you can do yourself for free.

**$208,850**

Small estate limit for deaths on or after April 1, 2025

**180 days**

The Controller has to decide a claim after it is filed

**No deadline**

To claim property the Controller holds

**10%**

Cap on a finder’s fee, and none can be required before the claim is paid

## What counts as unclaimed property from a deceased relative?

It’s a financial asset, usually a bank account, uncashed check, insurance payout, stock, or safe deposit box, that stayed inactive long enough for the holder to turn it over to the state. The Controller’s office describes it as an asset left inactive “for a period of time, typically three years,” and says California’s unclaimed property law doesn’t include real estate.

By statute, intangible property held in the ordinary course of business escheats (goes to the state) once it has been unclaimed for more than three years after it became payable or distributable ([Code Civ. Proc. § 1520](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1520)). Before that happens the holder is supposed to mail a notice to the last known address. If your parent moved or died, that letter went to a mailbox no one was checking.

The Controller’s office lists these common types: bank accounts and safe deposit box contents, stocks and bonds, uncashed cashier’s checks and money orders, certificates of deposit, matured insurance policies, estates, mineral royalties, trust funds, and utility deposits. Retirement accounts, savings bonds, and real estate follow different rules, which is covered below.

## How do I search for a deceased relative’s unclaimed property in California?

Go to the Controller’s search site, **claimit.ca.gov**, and enter your relative’s name. Searching is free. Try every spelling, maiden names, nicknames, middle initials, and any business name they owned, because holders reported the name as they had it on file.

Three habits improve your odds:

1. Search under any business your relative owned, and under a surviving spouse’s name, as their own entries.
2. Search again under older addresses and cities if the first pass turns up nothing.
3. Repeat the search every year or so. Holders report on a yearly cycle, so new property appears after each one.

A hit doesn’t mean the property is yours yet. The Controller’s office warns that sharing a name with the person on an account doesn’t prove they’re the owner, so you’ll need documents that tie your relative to the property.

## Who can claim a deceased person’s unclaimed property?

The person who had the legal right to the property before it went to the state, or that person’s heirs or estate representative. That’s the definition of “owner” in [Code Civ. Proc. § 1540(d)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1540), and it also covers a guardian, conservator, or a public administrator acting under Probate Code §§ 7660 and 7661.

The Controller’s instructions sort claimants into three groups: an heir, a trustee, or a personal representative (executor or administrator). The claim must be on the Controller’s form and verified by the claimant. If several people own the property or several heirs share it, each one signs a claim form and each verified claimant receives his or her portion.

## What documents does the State Controller require from heirs?

The Controller publishes a “Deceased Owner Heir Claim” instruction sheet (revised May 5, 2022). Its first requirement is a “Completed Claim Affirmation Form signed by the deceased property owner’s representative or heir,” and it says a power of attorney generally won’t substitute for the claimant’s signature. The rest of the list depends on how your relative’s affairs were handled:

| Your situation | What the Controller asks for, beyond the basics |
| --- | --- |
| **Every claim** | Signed claim affirmation form; your current photo ID (or a passport or military ID); proof of your Social Security number; proof of your current mailing address; the complete certified final death certificate; and proof of the deceased owner’s Social Security number if it isn’t on the certificate. |
| **Personal representative** | Endorsed or filed copy of Letters Testamentary or Administration, or a Final Decree of Distribution for a closed probate, plus the estate’s federal employer identification number (FEIN). |
| **Beneficiary of a probated estate** | An endorsed or filed copy of the court-ordered Final Decree of Distribution signed by a judicial officer. A petition or unsigned order isn’t accepted. |
| **Will, no probate** | A complete copy of the signed will with any codicils, plus a completed and signed Declaration Under Probate Code Section 13101. |
| **No will, no probate** | The Section 13101 declaration, a completed Table of Heirship, and proof of your relationship, such as marriage certificates or certified birth certificates. |
| **Trust** | A complete signed copy of the trust with all amendments; if you’re the trustee, the trust’s FEIN; if you’re a beneficiary of a distributed trust, your final Schedule K-1; and the pour-over will if the property wasn’t reported in the trust’s name. |

The claim form has to be notarized if the claim totals $1,000 or more, or if it involves safe deposit box contents or securities such as stocks, mutual funds, and bonds. Mail the package to the State Controller’s Office, Unclaimed Property Division, P.O. Box 942850, Sacramento, CA 94250-5873. The Controller’s office also notes that a payment can be intercepted if the claimant owes a debt to a California state, city, or county agency.

The Controller revises its instruction sheet periodically, so confirm the current version on sco.ca.gov before you mail anything. One detail on that sheet is already out of date: its footnote describes the Probate Code § 13101 declaration as covering estates of $150,000 or less. For a death on or after April 1, 2025, the limit is $208,850.

## How does the small estate affidavit fit in?

The Controller treats the Probate Code § 13101 declaration, the paperwork behind the small estate affidavit, as proof that you’re entitled to collect when there’s no probate. [Prob. Code § 13100](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=13100) lets a successor collect money owed to the decedent without letters of administration when 40 days have passed since the death and the gross value of the decedent’s California property is under the limit, currently $208,850.

The declaration is sworn under penalty of perjury and states the decedent’s name, the date and place of death, that at least 40 days have passed, that no probate has been opened (or that the personal representative consented in writing), and that the estate is under the limit ([Prob. Code § 13101](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=13101)). For a full walkthrough, including what counts toward the limit, see our guide to the [small estate affidavit in California](https://ridleylawoffices.com/small-estate-affidavit-california-2026/).

The affidavit only works if your relative’s estate stays under the limit. The Controller’s instruction sheet says that if the claim exceeds the threshold, the office may ask you to petition the court to appoint a personal representative. A parent’s house or other real estate can push an estate over the line, unless the house goes through the separate primary residence petition. When probate is needed anyway, the unclaimed money is one more asset the personal representative collects. If that describes your family, the [probate screener](https://ridleylawoffices.com/probate-screener/) shows quickly whether you need it, and [how long probate takes](https://ridleylawoffices.com/how-long-does-probate-take-california/) sets expectations.

Here’s a realistic example. A father dies in Camarillo in 2026 with a checking account and about $2,140 listed under his name in the Controller’s database. His only child finds it by searching. There’s no will and no probate, and his estate is well under $208,850. She completes the claim form and a Section 13101 declaration, attaches a Table of Heirship, her birth certificate, his death certificate, her ID, and proof of her address, and mails the package. Because the claim is over $1,000, she has the form notarized first.

## What if the property belonged to a trust?

The Controller wants the trust itself. The instruction sheet asks for a complete signed copy of the trust with all amendments, the trust’s FEIN if you’re the trustee, and a Schedule K-1 if you’re a beneficiary of a trust that has already been distributed. A trustee who hasn’t yet obtained a FEIN can apply for one from the IRS using Form SS-4.

If more than one trustee is serving, either the trust must say the trustees may act independently, or every trustee has to sign the claim form and provide photo ID. When the account was still in your parent’s own name at death, though, the trust may not reach it at all. That’s a common problem covered in [what to do when an asset never made it into the trust](https://ridleylawoffices.com/house-not-in-trust-california-heggstad/).

## Is there a deadline to claim unclaimed property in California?

No. Code Civ. Proc. § 1540 lets an owner file a claim for property paid or delivered to the Controller and sets no filing deadline. The state holds the property in custody ([Code Civ. Proc. § 1560](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1560)), and there’s no interest paid while it waits (§ 1540(c)).

The deadlines that do exist run against you after you file. The Controller has 180 days to decide. If the Controller denies the claim, or doesn’t act within 180 days, you can sue in superior court, and that lawsuit must be filed within 90 days after a denial or within 270 days from the claim if there was no decision ([Code Civ. Proc. § 1541](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1541)). Calendar the denial letter the day it arrives. A family that misses the 90 days loses its right to sue over that denial.

## What are the common scams, and what can a “finder” charge?

The most common scam is a letter, postcard, or call from a private company saying it found your relative’s money and will recover it for a fee. The State Controller’s office has warned the public about generic postcards pointing to a toll-free number, and about emails and letters telling people to hire a private attorney or pay upfront fees. Its position: “You have the right to obtain your unclaimed property without fees or lawyers by working directly with the State Controller’s Office staff.”

Not every finder is a scammer, and the law allows them to charge within limits. Under [Code Civ. Proc. § 1582](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1582):

- An agreement to locate or recover property is invalid if it requires the owner to pay any fee before the Controller approves the claim and pays the property.
- An agreement signed between the holder’s report and the holder’s delivery of the property to the Controller is invalid.
- An agreement signed after the property is delivered to the Controller is valid only if it’s in writing, discloses the nature and value of the property, states that the Controller holds it and where you can claim it directly, is signed by the owner after that disclosure, and caps the fee at 10 percent of the recovered property.

Any finder asking for more than 10 percent, asking for money up front, or unwilling to tell you the amount and the Controller’s address is out of compliance with the statute. You can also assert at any time that an agreement rests on excessive or unjust consideration. The claim itself is a form and a few documents. Most families don’t need a finder at all. If someone sends you a suspicious solicitation, the Controller asks that you forward it to CSUResearch@sco.ca.gov instead of sharing personal information.

## What about other “unclaimed” assets that aren’t at the Controller?

Some of what families call unclaimed money sits elsewhere. Bank accounts still open are handled with the bank, not the state, and I explain that in [what happens to a deceased parent’s bank account](https://ridleylawoffices.com/deceased-parents-bank-account-california/). U.S. savings bonds are held by the Treasury, covered in our page on [savings bonds and TreasuryDirect after death](https://ridleylawoffices.com/savings-bonds-treasurydirect-after-death/). Retirement accounts and life insurance pass by beneficiary designation. If you aren’t sure who inherits when there’s no will, see [who inherits in California](https://ridleylawoffices.com/who-inherits-california/).

Sources

- [Judicial Council of California: Probate Code section 890 adjusted amounts](https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf)

## Frequently asked questions

### How do I find out if a deceased relative has unclaimed money in California?

Search the Controller’s site at claimit.ca.gov using the decedent’s name and former cities. It’s free. Try name variations and check again each year, since holders report on an annual cycle.

### Do I need a lawyer to claim unclaimed property of a deceased relative?

Not for a simple claim. The Controller’s forms and instructions are written for families to complete themselves. You need a lawyer when the estate is over the small estate limit and a personal representative has to be appointed, or when heirs disagree about who’s entitled.

### Can I claim unclaimed property for my deceased parent without probate?

Yes, if the estate is under $208,850 and no probate has been opened. You submit a Probate Code § 13101 declaration, and if there’s no will, a Table of Heirship with proof of your relationship. If the claim is large, the Controller may ask you to open probate instead.

### How long does the State Controller take to pay a claim?

The statute gives the Controller 180 days after the claim is filed to decide it. Incomplete packages take longer, because the office has to write back for missing documents.

### Is there a time limit for claiming a dead person’s unclaimed property?

No filing deadline appears in Code Civ. Proc. § 1540. Claim at any time, though the 90-day window to sue after a denial is short.

### How much can a finder charge to recover unclaimed property in California?

No more than 10 percent of the recovered property, under a written agreement signed after the property is delivered to the Controller, with no fee due until the Controller approves and pays the claim. You can skip the finder and file for free.

### Does unclaimed property include a house or land?

No. The Controller’s office says California’s unclaimed property law doesn’t include real estate. A deceased relative’s house passes by deed, trust, or will. See [when the only asset is the house](https://ridleylawoffices.com/only-asset-is-the-house-california-probate/) for how that works.

### What if my relative’s unclaimed property is under $1,000?

You still file the claim form with the identity and death documents, but the Controller’s instructions require notarization only when the claim is $1,000 or more, or involves safe deposit contents or securities. Confirm the current rule on the Controller’s site before you file.

Finding the account is the easy part. The paperwork gets harder when your relative left no will, when the trust was never funded, or when the family disagrees about who signs. That’s when a short conversation can save months. See our [fees](https://ridleylawoffices.com/fees/) for flat pricing on the work we do, or look at the [small estate guide](https://ridleylawoffices.com/guides/small-estate/) if you’d rather start there.

More on this

- [Small estate affidavit in California (2026 limits and steps)](https://ridleylawoffices.com/small-estate-affidavit-california-2026/)
- [What happens to a deceased parent’s bank account](https://ridleylawoffices.com/deceased-parents-bank-account-california/)
- [Savings bonds and TreasuryDirect after death](https://ridleylawoffices.com/savings-bonds-treasurydirect-after-death/)
- [Who inherits in California](https://ridleylawoffices.com/who-inherits-california/)
- [How long does probate take in California](https://ridleylawoffices.com/how-long-does-probate-take-california/)
- [Probate screener](https://ridleylawoffices.com/probate-screener/)

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