State Unclaimed Property in Delaware

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

Steps to take when someone dies

1. Search unclaimedproperty.delaware.gov for the deceased's name and prior addresses, and run a multi-state search at missingmoney.com.
2. Initiate the claim online and submit the documentation the office requests for an estate claim:
   • A certified copy of the death certificate for the deceased owner
   • A certified copy of Letters Testamentary, or a small estate affidavit for some estates
   • A certified copy of the last will, and certified documents showing the claimant's relationship to the owner
   • Government-issued photo identification and proof of the claimant's current mailing address
3. The State Escheator pays or delivers the property once satisfied the claimant is entitled to it (12 Del. C. § 1166); payment for a decedent is issued to the estate by check.

Frequently asked questions