State Unclaimed Property in Texas

Official search

ClaimItTexas.gov is the free search and online claim portal.¹

Fees

Texas charges nothing for the search or the claim.¹

Who may claim for a deceased owner

When the owner died with a will, Property Code section 74.501(d) lets the Comptroller approve the claim of the beneficiaries under a probated will or a will filed as muniment of title, or of the executor who holds current letters testamentary.²

When the owner died without a will, it lets the Comptroller approve the claim of the legal heirs under Estates Code sections 201.001, 201.002 and 201.003, a court-appointed administrator, or heirs established by a determination of heirship order signed by a judge.²

Documents for an heir or estate claim

A claim for a deceased owner needs proof of death plus proof of authority. If the estate was probated, that is Letters Testamentary, Letters of Administration, or the probated will.^{3, 2}

Claiming without a probate order

If the estate was not probated, the Comptroller's Affidavit of Heirship (Form 53-111-A) covers a non-probate heirship claim worth $10,000 or less. Above that, the claim needs probate documents or a determination-of-heirship order signed by a judge.³

The form's instruction sheet limits it to claims under $10,000.01 where the owner died without a will, or with a will that was not probated or filed as muniment of title and names the same people who would inherit without a will.³

Estates Code section 205.001 lets distributees of an owner who died without a will use a small estate affidavit instead of appointing a personal representative, when at least 30 days have passed since the death and estate assets, excluding homestead and exempt property, do not exceed $75,000.⁴

Under section 205.001, the small estate affidavit is filed with the clerk of the probate court and must be approved by the judge.⁴

Deadline to claim

There is no statute of limitations for unclaimed property. Reported funds remain with the state indefinitely until they are returned to the rightful owner, so an owner or their heirs can file a claim at any time.⁵

How an approved claim is paid

Payments are issued as a physical check by USPS mail; the Comptroller does not pay claims by direct deposit or wire transfer.¹

Governing law: Tex. Prop. Code Title 6 (Unclaimed Property); claims under Tex. Prop. Code §74.501

1. 1.ClaimItTexas.gov (Texas Comptroller of Public Accounts, Unclaimed Property)
2. 2.Tex. Prop. Code Chapter 74, Report, Delivery, and Claims Process
3. 3.Forms and Resources (ClaimItTexas.gov)
4. 4.Tex. Est. Code Chapter 205, Small Estate Affidavit
5. 5.Frequently Asked Questions (ClaimItTexas.gov)