What You Should Know
To claim lost money belonging to a deceased owner, you need to provide:
- proof of ownership of the funds by the deceased individual,
- proof of your entitlement to claim those funds, and
- a copy of the death certificate.
To prevent fraud, we cannot tell you the value of the funds until we have reviewed your claim. All items that appear online are at least $20 or one share of stock.
If the owner is incorrectly listed as "deceased" on the website, there may be multiple owners associated with the funds and one or more of them is deceased. However, it's still possible to submit a claim for these funds. See How to Submit a Claim For Multiple Owners for more information.
How to Prove Ownership
Provide documentation that the decedent had a connection to the address reported with the funds or evidence of their relationship with the company that reported the funds. See Required Documentation for examples of accepted proof of ownership.
How to Prove Entitlement ("Who Can Claim")
In New York State, the Surrogate's Court in the county where the decedent had their primary residence determines what happens to a person's property when the person dies (in other states this may be referred to as Probate Court).
If the court has appointed a representative to administer the decedent's estate, even if all other matters have been settled, only that individual may submit a claim.
The contents of the decedent's estate and whether they had a will determine the type of representative appointed by the court (as well as the letters certifying the appointment).
Estate Description | Representative Title | Letters |
---|---|---|
Less than $50,000 of personal property, no real property. | Voluntary Administrator | Certificate of Voluntary Administration |
More than $50,000 of personal property and/or any real property; no will. | Administrator | Letters of Administration |
More than $50,000 of personal property and/or any real property; will. | Executor | Letters Testamentary |
In limited circumstances, an heir or payer of funeral expenses can submit a claim if there is no court-appointed representative.
- Court-Appointed Representative
If there is a court-appointed representative for the estate, they may submit a claim by providing a copy of the owner's death certificate and letters from the Surrogate's Court certifying their appointment.
The letters must be dated within six months of when the claim is submitted. If more than six months have elapsed, the letters will need to be recertified by the Surrogate's Court.
- No Court-Appointed Representative – Heir
If there is no court-appointed representative for the estate, the closest living family member may submit a claim by providing a copy of the owner's death certificate and completed Small Estates Affidavit and Table of Heirs.
- If the value of the funds is less than $1,000, we will process the claim and the payee will be required to distribute the funds pursuant to the Intestacy Laws of the State of New York.
- If the value of the funds is $1,000 or more, we will send a letter with the account details and value, but only a court-appointed representative may complete the claim. See How to File an Estate Proceeding below for more information.
Family members who may claim in this matter are limited to:
- Spouse
- Biological or Legally Adopted Children (if there is no surviving spouse)
- Parents (if there is no surviving spouse or children)
- Siblings (if there is no surviving spouse, children or parents)
If none of the family members listed above are alive, only a court-appointed representative may submit a claim. See How To File an Estate Proceeding below for more information.
- No Court-Appointed Representative – Payer of Funeral Expenses
If there is no court-appointed representative for the estate, the payer of funeral expenses may claim reimbursement of up to $5,000 by submitting a copy of the death certificate, a completed Small Estates Affidavit, and proof of the funeral expenses paid. All other debts must be filed with the applicable county Surrogate's Court and be handled through a court-appointed representative.
How to File an Estate Proceeding
To file an estate proceeding and request appointment as a representative by the court, contact the Surrogate's Court in the county where the decedent had their primary residence.
If the decedent lived:
- in New York State, visit the NYS Courts website for instructions on how to file
- outside New York State, contact the county for instructions.
If the court determines you are ineligible to be appointed as a representative for the estate, you are not entitled to claim the funds. Our office must abide by the ruling of the court.
How to Obtain Copy of Death Certificate
You can obtain a copy of the death certificate by contacting:
- the funeral home that provided the services, or
- the Health Department in the state or county where the decedent resided.
- For decedents who lived in New York City, visit the NYC Department of Health website.
- For decedents who lived anywhere else in New York State, visit the NYS Department of Health website.
How to Submit a Claim
Once you located the funds in our online search database, follow these steps:
- Select the Claim button next to the owner's name in the table.
- Enter Date of Birth (optional), Date of Death (or check the box 'Date of Death Unknown'), your relationship to deceased owner and your contact information.
- Print the form, sign it and have your signature notarized by a licensed notary public.
- Mail the form and all required documents (which will be listed for you while completing the form) to:
Office of the State Comptroller
Office of Unclaimed Funds
110 State Street
Albany, New York 12236
See What to Expect from Us for timeframes on the review process and payment.