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Essential Steps to Claim Inherited Assets in 2025

SimplyTrustSimplyTrust Editorial···3 min read

Discover essential legal steps to claim inherited assets, including property and investments, in 2025.

Are You Ready to Claim Inherited Assets?

Navigating the process of claiming inherited assets can feel overwhelming, especially during an emotional time. If you’ve recently lost a loved one, understanding the necessary legal steps to claim property, bank accounts, and investments is essential. From obtaining a death certificate to determining whether a will exists, knowing the right steps can streamline the process and reduce potential stress.

Start with the Basics

First things first: obtain the death certificate. This document is your initial key. If a will is in place, check its validity; you might need to secure probate to proceed. If there’s no will, you may require a succession certificate or a letter of administration to establish your claim legally. These documents validate your right to inherit, which is crucial for the subsequent steps.

Handling Bank Accounts and Investments

When it comes to bank accounts, having a nominee or joint holder simplifies the transfer process significantly. If a nominee is not designated, financial institutions usually ask for a legal heir certificate or other court-approved documents. The same goes for mutual funds and shares; heirs will need to provide a death certificate along with the necessary KYC forms. Remember, unclaimed shares can eventually be transferred to the Investor Education and Protection Fund if left untouched for years, so acting promptly is vital.

Claiming Property and Real Estate

If real estate is part of the estate, the process varies significantly based on whether a will exists. If there’s a will, the executor must obtain probate to facilitate the transfer of ownership. However, without a will, property inheritance will follow local laws, and you might need to update property records accordingly. This can be a complex process, so ensuring you have all necessary documents will help avoid delays.

Closing Accounts and Accessing Bank Lockers

To access bank lockers, heirs must submit the death certificate, KYC information, and proof of heirship. If all account holders or nominees have passed away, banks follow a specific process to open the locker, which can take time. Therefore, it’s essential to gather all required documents early on to prevent complications.

Take Action Now

The most critical takeaway is to start gathering documents immediately. Whether it’s the death certificate, KYC forms, or proof of heirship, having these essentials ready can expedite the claiming process. Don’t wait—the sooner you act, the smoother the transition will be for everyone involved.

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Forms for Settling an Estate

Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

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Petition for Probate and Letters

Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.

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Notice to Creditors

Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.

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Renunciation of Executor

Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.

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Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.

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Small Estate Affidavit

Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.

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Estate Inventory

Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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Estate Closing

Prepare the paperwork that closes the estate — the state's closing statement, petition for discharge, or final account, with the state's closing instructions and the optional federal forms.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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