How Long Does an Heir Have to Claim Their Inheritance?

There's no single deadline to claim an inheritance—time limits vary by state and asset type, typically ranging from 3 to 10+ years. If you don't claim your inheritance within the allowed period, the assets may "escheat" to the state, meaning the government takes ownership. However, many states allow you to reclaim escheated property even years later.

Here's what you need to know about inheritance timelines and how to make sure you don't lose what's rightfully yours.

Why Inheritance Claim Deadlines Exist

Probate cases eventually need to close. Estates can't remain open indefinitely waiting for beneficiaries to respond. State laws establish deadlines to:

• Allow estates to be settled and distributed
• Give executors a clear endpoint for their responsibilities
• Ensure property doesn't remain in legal limbo forever
• Provide a mechanism (escheatment) for handling unclaimed assets

Typical Timelines for Claiming Inheritance

During Active Probate

Timeline: Varies, but typically months to a few years

If you know about the inheritance and probate is ongoing:

• The executor will contact you about your share
• You may need to sign receipts or releases
• Distributions typically happen after creditors are paid and court approves

What you need to do: Respond to executor communications. Provide your contact information and any requested documentation.

After Probate Closes

Timeline: Depends on how assets were held

If probate closed and your share wasn't distributed:

• The executor may still hold assets or have deposited them with the court
• You'll need to contact the executor, attorney, or court
• Additional documentation may be required to prove your identity and beneficiary status

What you need to do: Contact the probate court to request information about the estate. You may need to petition to reopen the estate.

Unclaimed Property Laws (Escheatment)

Timeline: Typically 3-5 years, but varies by state and asset type

If inheritance goes unclaimed long enough, it becomes "unclaimed property" and is turned over to the state:

State-by-State Inheritance Claim Considerations

Each state has its own rules. Here are some examples:

States with Shorter Dormancy Periods (3 years)

• Georgia
• Texas
• Virginia
• Delaware
• Vermont

States with Longer Dormancy Periods (5+ years)

• Florida (5 years)
• New York (5 years)
• California (3 years for most, but varies)
• Pennsylvania (varies by asset type)

Real Estate: Special Rules

Real estate doesn't escheat the same way as financial assets. However:

• Property taxes may not be paid
• The property could be sold at tax sale
• Title issues can become complex over time

Bottom line: Don't assume you have unlimited time just because real estate is involved.

What Happens If You Miss the Deadline?

Step 1: Assets Go to the State (Escheatment)

After the dormancy period, the holding institution (bank, brokerage, insurance company) transfers unclaimed assets to the state's unclaimed property office.

Step 2: State Holds the Property

The state holds these assets indefinitely in most cases. They maintain records of:

• Original owner information
• Asset value at time of transfer
• Source of the property

Step 3: You Can Still Claim (Usually)

Here's the good news: Most states allow you to claim escheated property indefinitely.

• No statute of limitations on claiming in many states
• You'll need to prove you're the rightful owner
• Cash is typically returned; securities may be returned or paid at value at time of escheatment

What You Won't Get Back

• Interest or dividends that would have accrued
• Appreciation in value (for securities sold by the state)
• Items from safe deposit boxes that were sold

How to Find Unclaimed Inheritances

National Resources

MissingMoney.com

• Free search of multiple state databases
• Operated by NAUPA (National Association of Unclaimed Property Administrators)
• Good starting point for multi-state searches

Unclaimed.org

• Links to all state unclaimed property offices
• Official NAUPA resource

State-Specific Searches

Each state maintains its own unclaimed property database:

• California: controller.ca.gov/ucpd
• Texas: comptroller.texas.gov/programs/claim-it
• Florida: fltreasurehunt.gov
• New York: osc.state.ny.us/ouf
• Pennsylvania: patreasury.gov/unclaimed-property

Other Places to Check

• Federal agencies: IRS (unclaimed refunds), Pension Benefit Guaranty Corporation (missing pensions)
• Life insurance: Use the NAIC's Life Insurance Policy Locator
• Veterans benefits: VA may have unclaimed benefits

Steps to Claim an Inheritance You Just Learned About

If Probate Is Still Open

1. Contact the executor – Get their contact information from the probate court
2. Provide identification – Prove you're the person named in the will
3. Supply documentation – Birth certificates, marriage certificates, or other proof of relationship
4. Respond promptly – Don't delay once you're in contact

If Probate Already Closed

1. Contact the probate court – Request case files and final accounting
2. Find the attorney – The estate's attorney may have information
3. Check unclaimed property – Assets may have been turned over to the state
4. Consider legal help – An attorney can help petition to reopen or claim funds

If Assets Were Escheated to the State

1. Search the state database – Find the specific claim
2. Gather documentation – You'll need to prove your identity and right to the property
3. File a claim form – Each state has its own process
4. Wait for verification – Processing can take weeks to months
5. Receive your property – Paid by check or, for securities, by cash value

Common Reasons Inheritances Go Unclaimed

Beneficiary Doesn't Know About the Inheritance

• Estranged family relationships
• Deceased died without close contact with all heirs
• Old or incorrect contact information in the will

Incorrect or Outdated Contact Information

• Beneficiary moved and didn't leave forwarding address
• Executor had wrong phone number or email
• Name changes due to marriage

Estate Confusion

• Multiple wills causing confusion
• Contested estates where beneficiaries don't participate
• Complex family trees with unclear heirs

Death of the Beneficiary

• Beneficiary died before claiming, and their heirs don't know about it
• Estate-to-estate transfers that fall through cracks

How to Make Sure You Receive Your Inheritance

As a Potential Beneficiary

1. Keep your contact information current – Let family members know how to reach you
2. Maintain family connections – Even distant relationships
3. Periodically search unclaimed property databases – Especially if relatives have passed away
4. Respond promptly to estate communications – Don't ignore letters from attorneys or executors

When Named in a Will

1. Acknowledge receipt of notifications – Respond in writing
2. Provide requested documentation quickly – ID, proof of address, Social Security number
3. Keep copies of everything – Including correspondence with executor
4. Follow up if you don't hear back – Don't assume silence means everything is fine

Frequently Asked Questions

Is there a time limit to claim an inheritance?

Yes, but it varies. During active probate, you should respond promptly to executor communications. After probate closes, unclaimed assets eventually escheat to the state (typically 3-5 years). However, most states allow you to claim escheated property indefinitely.

What happens to unclaimed inheritance money?

Unclaimed inheritance is turned over to the state's unclaimed property office after a dormancy period. The state holds these funds and allows rightful owners to claim them, often with no time limit. However, you lose any interest or growth that would have occurred.

Can I claim an inheritance after several years?

Usually yes. If the inheritance escheated to the state, you can still claim it by filing with the state's unclaimed property division. You'll need to prove your identity and right to the property.

How do I find out if I have an unclaimed inheritance?

Search your state's unclaimed property database (and any state where deceased relatives lived). Also check MissingMoney.com, which searches multiple states. For recent deaths, contact the probate court in the county where the person lived.

What if the executor can't find me?

Executors must make reasonable efforts to locate beneficiaries. If they can't find you, they may deposit your share with the court or it may eventually escheat to the state. Keep your contact information current with family members and periodically check unclaimed property databases.

Can I lose my inheritance if I don't respond?

Not entirely, but delays create complications. During probate, failing to respond may mean the executor makes decisions without your input or deposits funds with the court. After escheatment, you can still claim the property but may lose growth and interest.

Take Action on Your Inheritance

If you're entitled to an inheritance, whether from an active probate case or one that closed years ago, don't wait to take action. The sooner you claim what's yours, the simpler the process.