Delaware Department of Finance, Office of Unclaimed Property
Delaware · Unclaimed Property
unclaimedproperty.delaware.govState Unclaimed Property in Delaware
The Delaware Department of Finance Office of Unclaimed Property, led by the State Escheator, holds unclaimed property such as dormant bank accounts, uncashed checks, insurance payouts and securities 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.
Steps to take when someone dies
- •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
Required Documents
- Certified copy of the death certificate
- Certified copy of a document showing the relationship to the deceased owner
- Certified copy of Letters Testamentary: Documentation of the legal right to claim on behalf of the deceased or the estate.
- Small estate affidavit: for some estates, in place of Letters Testamentary
- Certified copy of the last will
State Unclaimed Property in Delaware: key facts
What Delaware says8
- Official search
The Office of Unclaimed Property offers a free search and online claims at unclaimedproperty.delaware.gov. The search covers only property reported to Delaware.1
- Property held by other states
The office directs owners to the multi-state search at missingmoney.com for property reported to other states.1
- Who may claim for a deceased owner
12 Del. C. § 1165 lets any person claiming an interest in property paid to the State Escheator file a claim.2
The office treats a power of attorney as void on the owner's death.3
- Documents for an heir or estate claim
An heir or estate claim needs a certified copy of any document showing the claimant's relationship to the deceased owner, and documentation showing a legal right to claim on behalf of the deceased or the estate.3
For that right to claim, the office names "a certified copy of Letters Testamentary or small Estate Affidavit for some Estates" and a certified copy of the last will.3
- Claiming without a probate order
12 Del. C. § 2306 allows distribution of a decedent's personal estate without letters when the personal estate, excluding property described in § 1901(b) and (c) and jointly owned property, does not exceed $50,000.4
Section 2306 also requires that 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.4
The Office of Unclaimed Property names a small estate affidavit among the documents it accepts for some estates.3
- Deadline to claim
There is no deadline: the Office of Unclaimed Property states that a claim may be submitted at any time.3
- How an approved claim is paid
Unclaimed property for a decedent is paid to the estate by check only, not to an individual or an estate representative.3
Securities-related property is paid to the estate in cash rather than returned as stock.3
- If a claim is denied
12 Del. C. § 1167(a) lets a claimant appeal a determination to the Tax Appeal Board within 120 days of the State Escheator's notice.2
Governing law: Del. Code tit. 12, ch. 11 (Escheats), subch. II (Unclaimed Property), §§ 1165-1167
Deadlines1
- Appeal of a claim determination to the Tax Appeal Board
within 120 days of the State Escheator's notice2
Delaware unclaimed property
Delaware Department of Finance, Office of Unclaimed Property