Claiming unclaimed property for a deceased owner

Updated November 8, 2026

Unclaimed property does not lapse when the owner dies. California has specific rules for who may claim it and what proof is needed.

When the record names the heirs

If the Controller's record itself names the heirs, those heirs can claim the property, at any value, without going to court (Code of Civil Procedure section 1352).

Heirs of named heirs

If a named heir has also died, that heir's own heirs can claim without court action when the amount is under $60,000. At $60,000 or more, a court petition under Code of Civil Procedure section 1355 is needed.

Small-estate route

Where the owner's estate was not probated and qualifies as a small estate, a successor can use a declaration under Probate Code section 13100 and following. For deaths on or after April 1, 2025, the small-estate limit is $208,850.

Proof the Controller asks for

• Death certificate of the owner (and of any heir in the chain).
• Birth or marriage certificates showing the relationship.
• Where needed, a table of heirship, a Probate Code 13101 declaration, or genealogy charts.
• If the estate was probated, the court documents naming the personal representative.

Signing

Each claimant signs in wet ink; notarization applies at $1,000+ in cash and for securities.

We focus on business claims. For estates, contact us and we will tell you whether we can help.