Heir affidavit for unclaimed property when there is no will

An heir affidavit is a sworn statement, signed under penalty of perjury and notarized, in which the filer attests: - The deceased died on a specific date, in a specific state, without a valid will - The filer is an heir under that state's intestacy statute - All other heirs of equal or superior standing are identified, alive or deceased, and either (a) consent to the filer receiving the property or (b) are deceased and their share passes per stirpes - No probate has been opened (or, if it has, the filer attaches a copy of the closing decree) - The total estate falls within the state's small-estate threshold, where applicable A small-estate affidavit is technically a subset of the heir affidavit family — it's the version specifically authorized for estates below the state's statutory cap. In practice, most states use one combined form for unclaimed-property heir claims and the labeling is inconsistent. What matters is the content. The state's unclaimed-property division publishes its own form on the portal; use that, not a generic template. For an introduction to the threshold rules, the small-estate-affidavit-by-state guide walks the dollar caps. This guide focuses on what to do when there is no will.

Every state has an intestacy statute. Despite small variations, the order of priority is consistent: - **Surviving spouse first.** In community-property states (California, Texas, Arizona, Nevada, New Mexico, Idaho, Louisiana, Washington, Wisconsin), the surviving spouse takes 100% of community property and a share of separate property. In common-law states, the spouse usually takes the first $50,000 to $150,000 plus a share of the rest, with the remainder going to children. - **Children second.** If there's no surviving spouse, the deceased's children inherit equally. If a child has predeceased, that child's children (the deceased's grandchildren) inherit by representation. - **Parents and siblings third.** If no spouse and no descendants, the deceased's parents inherit, then siblings, then nieces and nephews. - **More distant relatives last.** Each state has a cutoff (often the third or fourth degree of kinship); beyond that, property escheats to the state — which is precisely how a lot of unclaimed property ends up unclaimed in the first place. The Texas estates code (e.g., Texas Estates Code §§ 201.001 et seq.) and the Texas unclaimed-property heir process walk through this with unusual clarity. New York's S.C.P.A. § 4-1.1 covers it for New York.

Standard packet for an intestate heir claim: - **Certified death certificate** (three originals from the state vital-records office) - **The state's heir affidavit form**, completed and notarized - **Proof of relationship** for every heir named in the affidavit: - Surviving spouse: marriage certificate - Children: birth certificates naming the deceased as parent - Grandchildren: parent's death certificate plus their own birth certificate - Siblings: birth certificates showing common parents - **Proof of address** for the filer (driver's license, utility bill) - **Disclaimers from co-heirs**, where required, signed and notarized - **Search of probate court records** (some states require a certificate from the county clerk showing no probate was opened) Notarization rules vary. Most states require the affidavit notarized in the U.S. with a standard acknowledgement. A few require an apostille for affidavits notarized abroad. California requires the notary to verify the affiant's identity with government-issued photo ID; the California portal is explicit about this. Processing time after a complete submission: 60 to 180 days. Incomplete submissions trigger a request for additional information that adds 30 to 60 days each.

Five triggers: - **Estate over the small-estate cap.** The affidavit is not authorized for estates above the threshold. You need letters testamentary or letters of administration. - **Real property in the estate.** Most states' affidavits don't reach real property. If the unclaimed property includes mineral rights or escheated real estate, probate is unavoidable. - **Contested heirs.** If any heir disputes the affidavit's accuracy or refuses to consent, the state will not act on a contested affidavit. - **Louisiana.** Civil-law inheritance does not recognize the common-law heir affidavit. You need a judgment of possession. - **Unknown heirs.** If you believe there are heirs you can't locate, the state may require formal probate so the court can run notice to unknown heirs by publication. The affidavit path is generous when it applies. When it doesn't, the next step is letters of administration filed in the deceased's domiciliary state. Most counties handle uncontested intestate petitions in 60 to 90 days at filing-fee cost (typically $200 to $500).

Three options, in increasing order of cost. - **Talk to them first.** Most refusals are about feeling excluded from information, not actually wanting a different share. Walk them through what you've found, what their share would be, and how the affidavit works. A frequent fix is updating the affidavit to file *jointly*, with each heir receiving their statutory share directly from the state. - **Offer to file separately.** Some states permit each heir to file an affidavit for their own statutory share without all-heir consent. The state pays out only that share. This is the cleanest path when one sibling is just slow or unreachable, not actually opposing. - **Open probate.** If a sibling actively contests, you cannot use the affidavit path. File for letters of administration. The probate court will identify the heirs, resolve any disputes, and issue letters that the state will honor. The unclaimed-property division does not adjudicate disputes; the probate court does. The multiple-heirs guide walks this in more detail. (Note: this is the same guide — the cluster includes a separate detailed walk for split mechanics.)

Yes, and they're often more permissive than the general affidavit rules. In community-property states, the surviving spouse owns 50% of community property by operation of marriage — that share doesn't even pass through the deceased's estate. The deceased's 50% passes by intestacy, but in most community-property states, it goes entirely to the surviving spouse if there are no children from another marriage. California (Cal. Prob. Code § 100, § 13500) allows a surviving spouse to claim community property without an affidavit at all, using a Spousal Property Petition. The California State Controller recognizes this for unclaimed-property claims. Texas (Texas Estates Code § 453.002) has a similar surviving-spouse procedure. If you're a surviving spouse and the deceased left no will, run the search first, identify the property and state, then check whether that state's surviving-spouse rules let you skip the heir affidavit entirely. The deceased-spouse claim guide covers the variations.

Most state intestacy statutes treat: - **Adopted children** identically to biological children. They are full heirs. - **Stepchildren** as not heirs unless legally adopted. A stepchild who was raised by the deceased but never adopted does not inherit under intestacy. - **Half-siblings** identically to full siblings in most states (e.g., New York), but a few states reduce a half-sibling's share to half. Verify by state. - **Children born outside marriage** as full heirs of the mother automatically. As heirs of the father only if paternity was acknowledged or established. This matters because the affidavit must list every heir. Omitting a half-sibling who's legally entitled creates a fraudulent affidavit and can void the claim. If you're not sure who all the heirs are, an attorney consult ($150 to $300 for a single-issue review) is worth it before filing.

Intestate heir claims are the highest-margin work for finder firms because the paperwork looks intimidating. It isn't. The work is filling in a form, gathering vital records, and getting signatures notarized. Total out-of-pocket cost for a clean filing is $30 to $80 in death certificates and notary fees. State statutes cap finder fees at 10% to 30% (e.g., Texas at 10% under Texas Property Code) and most states make finder agreements unenforceable for the first 18 to 24 months after the property is reported. The Texas unclaimed-property division is explicit about this in their FAQ. Use the heir packet we publish and file directly.

Run the multi-state search for every name and address variant the deceased ever used. Identify the holding state and the dollar amount. If the total comes in under the state's small-estate threshold and no heir is contesting, the affidavit path applies — pull the form from the state's portal, gather the vital records, get notarized, and file. If the estate exceeds the cap or anyone is contesting, file for letters of administration in the deceased's domiciliary state and use those letters to claim, per the letters-testamentary guide. The state has the money. You qualify to claim it. You don't need to pay anyone a percentage.