State Unclaimed Property in Delaware
The Delaware Department of Finance Office of Unclaimed Property, led by the State Escheator, holds unclaimed property — dormant bank accounts, uncashed checks, insurance payouts, securities, and similar intangible assets — until the owner or the owner's estate claims it. A claim for a deceased owner is filed with proof of death and certified documents establishing the claimant's right to the property, and the money is paid to the estate by check.
Administering agency
Delaware Office of Unclaimed Property (Department of Finance)
Authority
Del. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167
State Unclaimed Property in Delaware: key facts
- Administering office
- Delaware Department of Finance, Office of Unclaimed Property (State Escheator). Claims: 855-505-7520 or escheat.claimquestions@delaware.gov.
- Official search
- unclaimedproperty.delaware.gov (free search and online claims). Delaware's search tool covers only property reported to Delaware; the office directs owners to the NAUPA multi-state search at missingmoney.com for other states.
- Heir claim documents
- A certified copy of any document showing the claimant's relationship to the deceased owner, plus documentation showing a legal right to claim on behalf of the deceased or the estate — the office names "a certified copy of Letters Testamentary or small Estate Affidavit for some Estates" and a certified copy of the last will. A power of attorney is void on the owner's death.
- Deadline to claim
- None. The Office of Unclaimed Property states that a claim may be submitted at any time, and 12 Del. C. § 1165 lets any person claiming an interest in property paid to the State Escheator file a claim.
- Small estate option
- Delaware allows distribution of a decedent's personal estate without letters when the value of the personal estate (excluding property described in 12 Del. C. § 1901(b), (c) and jointly owned property) does not exceed $50,000, 30 days have elapsed since the death, all known debts are paid or provided for, no petition for a personal representative is pending or granted, and the decedent owned no Delaware real estate (12 Del. C. § 2306). The Office of Unclaimed Property names a small estate affidavit among the documents it accepts for some estates.
- How a decedent claim is paid
- Unclaimed property for a decedent is paid to the estate by check only — not to an individual or an estate representative — and securities-related property is paid to the estate in cash rather than returned as stock. A claimant may appeal a determination to the Tax Appeal Board within 120 days of the State Escheator's notice (12 Del. C. § 1167(a)).
Governing law: Del. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167
When someone dies
Steps after a death in Delaware
3-step process for Delaware Office of Unclaimed Property (Department of Finance).
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Sources
Data sourced from State Unclaimed Property in Delaware primary sources (6 pages reviewed). How we research.
Administering agency
Delaware Office of Unclaimed Property (Department of Finance)
Authority
Del. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167