How Do I Claim a Deceased Person's Unclaimed Property in Texas?
In Texas, a deceased owner's unclaimed property is claimed from the Texas Comptroller of Public Accounts, Unclaimed PropertyTex. Prop. Code Title 6 (Unclaimed Property); claims under Tex. Prop. Code §74.501Verified Aug 24, 2026View source.
File the claim with the Texas Comptroller of Public Accounts, Unclaimed PropertyTex. Prop. Code Title 6 (Unclaimed Property); claims under Tex. Prop. Code §74.501Verified Aug 24, 2026View source. The search and the claim start at the office's site. 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 willForms and Resources (ClaimItTexas.gov)Verified Aug 24, 2026View source.
Heirs can claim without letters from a probate court through the Affidavit of Heirship (Form 53-111-B), for property held for the owner of $5,000 or less34 Tex. Admin. Code § 13.9, Documentation Requirements to Establish HeirshipVerified Oct 26, 2026View source. 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 judgeForms and Resources (ClaimItTexas.gov)Verified Aug 24, 2026View source. The claim on that route includes: The signed claim form; Photo identification; An affidavit of heirship from two disinterested witnesses, sworn before a notary, giving the family history of each person the claim passes through; A complete copy of the will, where the owner left one that was not probated34 Tex. Admin. Code § 13.9, Documentation Requirements to Establish HeirshipVerified Oct 26, 2026View source.
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 testamentaryTex. Prop. Code Chapter 74, Report, Delivery, and Claims ProcessVerified Aug 24, 2026View source. With letters from a probate court, the claim is made by the executor holding current letters testamentary, or the court-appointed administrator of the estateTex. Prop. Code Chapter 74, Report, Delivery, and Claims ProcessVerified Oct 26, 2026View source.
Every state where the person had an address can hold some of the property: the holding company reports it to the state of the owner's last-known address, and to its own home state where it has no address on record. MissingMoney.com searches most states at once. Insurance, savings bonds, pensions, refunds and failed-bank deposits sit in federal and national databases: the Treasury (TreasuryDirect), PBGC, the IRS, the FDIC, the NCUA, the NAIC Life Insurance Policy Locator and the VA.
A finder may charge no more than 10 percent of the property recovered, plus reasonable attorney's fees, and may not file a claim form for the claimant. The agreement must describe the property and services, be signed by the claimant and state the amount expected before and after the feeTex. Prop. Code § 74.507Verified Oct 26, 2026View source. The same property can be claimed directly through the state's own program, which charges no fee.
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Free forms for settling an estate in Texas: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Notice to Creditors
In Texas, the notice to creditors is published for 1Tex. Estates Code §§ 308.051-308.056, 355.001-355.004, 355.060, 355.064, 355.102Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source from receipt of the mailed notice to present claims.
Renunciation of Executor
In Texas, a person named as executor may decline to serveTex. Estates Code §§ 301.051, 306.001Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Texas, heirs put their identity on the land records with an affidavit of heirship recorded with the countyTex. Estates Code ch. 203 (Nonjudicial Evidence of Heirship)Verified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
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In Texas, the personal representative files the estate inventory within 90 daysTex. Estates Code §§ 309.001, 309.051, 309.056, 309.101Verified Sep 15, 2026View source of appointment.
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In Texas, the personal representative is discharged automatically once the statutory period runsTex. Est. Code §§ 405.007, 405.003, 362.012, 362.013Verified Sep 15, 2026View source, and no final accounting is required.
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Texas pays executors reasonable compensationTex. Est. Code §§ 352.002, 352.003Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
Texas requires an attorney of record to open formal probate, and informal probate is not available; a qualifying small estate can still be collected without one.
How Do I Get Letters Testamentary?
In Texas, the County clerk issues Letters Testamentary or Letters of Administration once the probate court appoints the personal representative; every appointment goes through the court.
What Are the Creditor Claim Deadlines?
In Texas, the 4 monthsTex. Est. Code § 355.060 (121-day bar from a creditor's RECEIPT of the optional § 308.054 notice; § 403.055 is the identical bar in an independent administration); § 355.001 (claims may be presented any time before the estate closes when no § 308.054 notice is sent). Texas has NO claim period running from the § 308.051 published notice.Verified Sep 8, 2026View source a creditor has to present a claim run only from receipt of the written notice the personal representative mails; without notice, a claim can be presented until the estate closes.
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When an estate owes more than it holds, Texas pays the claims in 8Tex. Est. Code § 355.102Verified Sep 23, 2026View source classes in statutory order, beginning with funeral expenses (up to $15,000) and last illness expenses (up to $15,000).
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