How to Claim Your Texas Unclaimed Property: A Step-by-Step Process

Billions in Texas unclaimed property are currently waiting to be returned to their rightful owners. These forgotten assets are held by the Texas Comptroller's office until they are claimed. The holdings range from dormant bank accounts and uncashed payroll checks to insurance proceeds and mineral royalties.

This resource provides a clear, step-by-step process to search for, verify, and recover money that belongs to you, your business, or a deceased family member. Following these steps ensures you have the correct information and links to navigate the official state, county, and federal systems.

What Qualifies as Unclaimed Property in Texas?

Understanding what constitutes unclaimed property is the first step toward recovery. The term refers to financial assets turned over to the state for safekeeping after the owner could not be contacted for a set period.

Defining Abandoned Financial Assets

Under Texas law, unclaimed property is any financial asset left untouched by its owner for a "dormancy period". This process is governed by Title 6 of the Texas Property Code, which has been in effect since 1963. Once an asset is reported to the Texas Comptroller of Public Accounts, it is held in trust for the owner.

A critical feature of the Texas program is that there is no statute of limitations for claiming these funds. The money will remain with the state indefinitely until the rightful owner or their heir comes forward to claim it. This ensures the opportunity to recover lost assets is never extinguished by time.

Common Types of Unclaimed Property

The assets held by the state are diverse, reflecting a wide range of financial activities. Many people are unaware they are owed money because they do not associate these common financial instruments with "unclaimed property."

Examples of assets frequently turned over to the state include:

• Dormant checking and savings accounts
• Contents from abandoned safe deposit boxes
• Uncashed checks, including payroll, cashier's, and dividend checks
• Stocks, bonds, and mutual fund accounts
• Refunds from utility companies
• Overpayments on bills and other refunds
• Life insurance proceeds
• Mineral interests and royalty payments from oil and gas operations
• Funds from court deposits, trust funds, or escrow accounts

What is NOT Considered Unclaimed Property

It is equally important to understand what does not fall under the state's unclaimed property program. The system is designed exclusively for financial assets and certain tangible items from safe deposit boxes.

Specifically, the program does not handle

• Real estate (land, houses)
• Vehicles (cars, trucks, boats)

These types of property have distinct legal processes for transferring ownership, such as deeds and titles. Recovering an abandoned house or vehicle requires a separate administrative or legal path, often involving probate court, and is not part of the system managed by the Texas Comptroller.

The "Holder" and the "Escheatment" Process

The journey of an asset to the state's unclaimed property division begins with a "holder." A holder is any business, financial institution, or government entity in possession of property belonging to another person. Common holders include banks, insurance companies, utility providers, brokerage firms, and employers.

When a holder loses contact with the property owner for the legally defined dormancy period, they must report and remit that property to the Texas Comptroller's office. Companies often use the term "escheat" to describe this transfer. While this term can sound intimidating, it simply means the funds have been reported to the state for safekeeping. The state acts as a custodian, not the new owner. True escheatment, where the government takes permanent ownership, is a rare legal event and not the function of this program.

The Official State-Level Search: Using ClaimItTexas.gov

The primary and most effective way to search for unclaimed property in Texas is through the official, free website managed by the Texas Comptroller of Public Accounts.

A Step-by-Step Guide to Searching the Database

The state has streamlined the search process to be as user-friendly as possible. The official portal is ClaimItTexas.gov. Following these steps will allow for a thorough search of the state's main database.

1. Navigate to the Property Search Page: From the homepage of ClaimItTexas.gov, access the search function. This is typically labeled "Search for Unclaimed Property" or is accessible via a "GET STARTED" button.
2. Enter Search Information: In the provided fields, enter the last name of the individual or the full name of the business being searched. Adding a first name is optional but can help narrow the results.
3. Review and Select Properties: The system will display a list of properties matching the search criteria. Review this list carefully. If any property appears to belong to you or your business, click the "CLAIM" button next to it. This adds the property to a virtual cart.
4. Initiate the Claim: After selecting all potential properties, click the button labeled "Continue To File Claim." This begins the formal process of filing for the return of the assets.

Tips for an Effective Search

A simple search might not always yield results, even if there is property to be found. The database is only as accurate as the information originally provided by the holder. For a comprehensive search, consider these strategies:

• Try Name Variations: Search for common nicknames (e.g., "Bill" for William), potential misspellings, and maiden names.
• Broaden Business Searches: For businesses, search not only the current legal name but also any former names, common acronyms (e.g., "UT Austin" for "University of Texas at Austin"), and "doing business as" (DBA) names.
• Narrow Overwhelming Results: If a search for a common name returns too many results, use the "City" field to filter the list to locations where the person or business has resided or operated.
• Use a Property ID: If you received a notice about unclaimed property in the mail, it will contain a Property ID number. This can be entered directly into the search field for an exact match.
• Request an Assisted Search: If you still can't find property, you can submit a search request form. The Comptroller's Research Department will then conduct a more in-depth search for you.

Initiating Your Claim Online

Once you have selected properties and started the "File Claim" process, the system will guide you through gathering information.

Providing Your Information

First, you will be asked to provide your personal information, most importantly a current mailing address where the check should be sent. Providing an email address is also highly recommended, as the Comptroller's office uses it to send confirmations and instructions, which can help expedite your claim.

Establishing Your Relationship

Next, for each property, you must specify your relationship to the original owner, such as "Original Owner," "Heir," or "Business Owner". Selecting the correct relationship is crucial, as it determines the documentation required to prove ownership.

Receiving Your Claim ID

After submitting this information, the system will generate a unique Claim ID. This number is the primary identifier for your claim and is essential for all future correspondence, including uploading documents and checking your claim's status.

Checking the Status of Your Submitted Claim

After filing a claim, you can track its progress online. Navigate to the "Check Claim Status" section of ClaimItTexas.gov and enter your Claim ID to see the current status. This tool shows whether the claim is pending review, if more documentation is needed, or if payment has been issued.

If you lose your Claim ID, you can contact the Unclaimed Property Division by email at unclaimed.property@cpa.texas.gov or by phone at 800-321-2274 to retrieve it.

Required Documentation: Proving Your Right to the Property

The core of any claim is proving ownership. The state has a duty to ensure assets are returned only to their rightful owners, which requires a thorough verification process. The specific documentation needed depends on the claimant and the claim's complexity.

Standard Documentation for Individual Claims

For an individual claiming property as the original owner, the process is typically the most straightforward. The confirmation email and claim form from the Comptroller's office will list the specific documents needed. However, standard requirements generally include:

• A copy of the completed and signed claim form.
• A clear copy of a current, government-issued photo ID, such as a driver's license or passport.
• Proof of the address listed on the property record, such as a past utility bill or tax record.

Documentation for Business and Corporate Claims

When a business recovers unclaimed property, it must prove its entitlement to the funds and that the person filing has the authority to act on its behalf. While the state's website does not provide an exhaustive checklist, a business claimant should be prepared to provide documents such as:

• Proof of Legal Existence: Articles of Incorporation or a Certificate of Good Standing.
• Proof of Address: An old invoice or tax return showing the business's address when the property was abandoned.
• Proof of Authority: A corporate resolution or a notarized statement authorizing the claimant to recover the property.
• Tax Information: A completed IRS Form W-9.

Submitting Your Documents: Secure Upload vs. Mail

Once you have gathered the required documentation, you must submit it for review. There are two primary methods:

1. Electronic Upload: The fastest and most secure method is the state's online document upload portal. This requires the Claim ID assigned when you initiated the claim. Ensure any scanned documents are clear, legible, and not password-protected.
2. Mail: You can also mail your documents. It is highly recommended to send only photocopies, as documents will not be returned. If an original document is requested, send it via certified mail and keep a copy.

The mailing address is: Comptroller of Public Accounts Unclaimed Property Claims Section P.O. Box 12046 Austin, TX 78711-2046

Understanding Claim Processing Times

A common question is how long the process will take. The Texas Comptroller's office notes that processing times may be extended due to a high volume of claims. There is no guaranteed timeline.

Factors Influencing Processing Time

Real-world experiences indicate that the duration can vary from a few weeks to several months. Factors influencing this timeline include:  

• The complexity of the claim.
• The dollar amount involved.
• The completeness of the submitted documentation.
• The division's overall workload.

Simple claims for small amounts may be paid within weeks. In contrast, complex claims involving deceased owners or business assets can take two to three months or longer. If significant time passes without an update, contact the Unclaimed Property Division with your Claim ID.

Claiming Property for a Deceased Relative: A Guide for Heirs

Recovering unclaimed property for a deceased family member involves a more formal legal process. The state requires legal proof that the claimant is a rightful heir before releasing the assets.

The Legal Process for Inheriting Unclaimed Assets

When a person dies, their unclaimed property becomes an asset of their estate. To claim it, an heir must establish their legal right to inherit. The process starts by searching the ClaimItTexas.gov database using the deceased relative's name. The subsequent documentation requirements are dictated by Texas probate law.

Essential Documents for Heirs

Regardless of the claim's value, two categories of documents are fundamental to any heirship claim:

1. Proof of Death: A certified copy of the deceased owner's death certificate is always required. This can be obtained from the County Clerk where the person died or from the Texas Bureau of Vital Statistics.
2. Proof of Heirship: This is a legal document that identifies you as a person entitled to inherit. The specific proof required depends on whether the estate went through formal probate and the property's value.

Using an Affidavit of Heirship for Smaller Estates

For estates that did not go through formal probate and where the unclaimed property is of a relatively low value, Texas law provides a simplified path. For non-probated heirship claims valued at $10,000 or less, the Texas Comptroller's office has a specific "Affidavit of Heirship" form that can be used.

This affidavit is a sworn legal statement identifying the decedent's family history and the heirs entitled to the property. It allows heirs to establish their rights without a formal court proceeding. The official form can be downloaded from the Comptroller's website.

When a Formal Probate Court Order is Necessary

For claims exceeding $10,000 or in complex situations, a simple affidavit will not suffice. In these cases, the Comptroller's office will require official documents issued by a probate court. The most common types of probate documents are:

• Letters Testamentary or Letters of Administration: Court orders that appoint an executor or administrator to manage the estate.
• Order Determining Heirship: A judgment from a probate court that legally declares all of a decedent's rightful heirs.
• Order Admitting Will to Probate as a Muniment of Title: A simplified probate process recognizing a will's validity to transfer property title.

These official court documents must be obtained from the County Clerk's office in the county where the estate was probated.

Special Considerations for Heirs

Certain types of assets have unique rules when being claimed by heirs.

Stocks and Securities

If the deceased person owned stocks that the state has not yet sold, the shares will be divided among the proven heirs and re-registered in their names. If the state has already sold the securities, the heirs will receive their proportional share of the cash proceeds from the sale.

Mineral Royalties

The state's program only holds past-due royalty payments. After an heir successfully claims these funds, they must contact the original energy companies directly to discuss how future royalty payments will be divided and paid. The Comptroller's office does not manage future payments.

Beyond the State: Where Else to Look for Unclaimed Funds

While the Texas Comptroller's office is the largest repository of unclaimed property, it is not the only one. Funds can also be held at the county and federal levels.

County-Level Unclaimed Funds

A little-known provision in the Texas Property Code creates a separate system for low-value properties. Under Chapter 76, property valued at $100 or less is often held by the county or municipality where it originated. This means you may need to search the websites of individual counties and cities where the owner has lived or worked.

The process varies by jurisdiction:

• Harris County: The County Treasurer maintains its own online search tool for unclaimed funds valued at $100 or less.
• City of Austin: The City Treasurer's office manages a list of unclaimed property and provides specific claim forms.
• City of Houston: The City Controller's Office holds and lists unclaimed funds of $100 or less in its own searchable database.

Federal Unclaimed Funds

A completely separate category of funds is held by the U.S. court system. These "Federal Unclaimed Funds" typically arise from proceedings like federal bankruptcy cases, where a payment to a creditor could not be delivered.

These funds are not listed in any state or county database. To find them, you must search the "Unclaimed Funds Ledger" of the specific U.S. District Court where the case might have been filed. For example, the U.S. District Court for the Southern District of Texas has a dedicated page for this purpose.

The process for claiming federal funds is highly formal and requires filing a motion with the court, which includes:

• A notarized Application for Payment of Unclaimed Funds.
• A Certificate of Service showing notice was sent to the U.S. Attorney and U.S. Trustee.
• A proposed Order for Payment of Unclaimed Funds.
• A completed IRS Form W-9 and other documentation proving legal standing.

Understanding Specific Property Types and Their Rules

Different types of property are handled in unique ways by the Comptroller's office, particularly when the asset is not cash.

Safe Deposit Boxes: Handling and Auction

When an abandoned safe deposit box is turned over to the state, its contents are inventoried. The owner's name is listed on ClaimItTexas.gov, but the value is shown as $0.

The state's handling of the contents is time-sensitive. Most tangible items of value are held for about one year before being auctioned on GovDeals.com under the seller name "tx unclaimed property". Significant personal papers are held for five years before being destroyed. If a claim is approved before the auction, the physical items are returned. If approved after, the owner receives the cash proceeds from the sale.

Stocks and Securities: Return vs. Sale

Unclaimed stocks and securities are also listed with a $0 value on the state's search portal. The Texas Property Code authorizes the Comptroller to sell any security as soon as it is received.

The outcome of a claim depends on timing:

• If the claim is approved before the security is sold, the original shares will be returned to the owner, typically through the Direct Registration System (DRS).
• If the claim is approved after the security is sold, the owner will receive a check for the cash value of the proceeds, including any accrued dividends.

Texas Property Abandonment Periods

The abandonment period is the time an asset must be dormant before a holder must report it to the state. This period varies by property type.

Third-Party Locators and Avoiding Scams

The existence of billions in unclaimed property has created an industry of third-party asset recovery companies. While some are legitimate, it is essential to understand the regulations and identify potential scams.

The Role of "Heir Finders"

"Heir finders" or asset locators are companies that search public records and contact potential owners, offering to assist with claims for a fee. Using such a service is optional. Anyone can search for and claim their property directly from the Texas Comptroller's office for free.

Texas Regulations and Fee Caps

For those who use a third-party service, Texas has strict consumer protection laws:

• Licensing: Asset recovery companies in Texas must be licensed by the Texas Department of Public Safety, Private Security Bureau.
• Fee Cap: The fee charged by a licensed locator cannot exceed 10 percent of the property's value. This cap is all-inclusive.

Any company charging more than 10 percent is violating Texas law.

Red Flags: Identifying Scams

While regulated locators exist, so do scams. Be vigilant for these red flags:

• Upfront Fees: The official process is free. Anyone demanding an upfront fee to "find" or "release" funds is likely a scam.
• Requests for Sensitive Information: Be wary of anyone asking for bank account numbers, credit card information, or a Social Security number over the phone or via unsecured email.
• High-Pressure Tactics: Scammers often create a false sense of urgency. The legitimate process has no deadlines that require such haste.
• Unofficial Contact: Official communication will come from the Texas Comptroller of Public Accounts. Be suspicious of generic emails or calls from unofficial sources.

Proactive Measures: Preventing Your Assets from Becoming Unclaimed

The best way to deal with unclaimed property is to prevent it from happening. Simple organizational habits can ensure assets are never lost.

Best Practices for Financial Management

Maintaining control over financial accounts is key. Consider these best practices:

• Keep Centralized Records: Maintain a secure list of all financial accounts, insurance policies, and safe deposit box locations.
• Maintain Account Activity: For bank accounts, conduct at least one manual transaction (deposit or withdrawal) annually. Automatic deposits or interest payments may not prevent an account from being flagged as dormant.
• Cash Checks Promptly: Deposit or cash all checks as soon as they are received, as they can become void over time.

Importance of Updated Contact Information

The primary reason property becomes unclaimed is a loss of contact between the holder and the owner.

• Update Your Address Directly: When you move, contact every financial institution and employer directly to provide your new address.
• Follow Up After Leaving a Job: Confirm that former employers have a current address for final paychecks or benefit information.
• Review Beneficiaries: Regularly review and update the beneficiary designations on all life insurance policies and retirement accounts.

Final Checklist for Financial Organization

An annual review can prevent assets from being lost. Use this checklist as a guide:

• Create or update a master list of all bank accounts and investments.
• Review all active insurance policies and their beneficiary designations.
• Confirm the location and contents of any safe deposit boxes.
• Ensure a will or estate plan is up to date and reflects all assets.

Frequently Asked Questions