How to Claim Money Owed to Someone Who Dies Without a Will (2026)
How to Claim Money Owed to Someone Who Dies Without a Will (2026)
When someone dies without a will, you can still claim money they are owed through a legal process called intestate succession. This guide covers steps to take, what documents you'll need, and potential challenges.
This article is for informational purposes only and does not constitute financial advice. Consult a licensed financial advisor before making major financial decisions.
By Samder Khangarot, Founder of BON Credit | Last updated: March 2026
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Understanding Intestate Succession
Intestate succession is the process by which a deceased person's assets are distributed when they die without a will. The state decides who inherits based on their laws. Typically, a surviving spouse, children, or parents are prioritized. According to the Federal Reserve, understanding these laws can help you know your rights.
Steps to Claim Money Owed
- Determine Your Eligibility: Check if you are a legal heir such as a spouse, child, or parent.
- Gather Necessary Documents: Obtain a death certificate, proof of relationship, and any financial records.
- File a Petition: Submit a petition in probate court to be appointed as the estate's administrator.
- Identify Assets: Locate assets like bank accounts, life insurance, or unclaimed property.
- Settle Debts and Distribute Assets: Pay off debts before distributing remaining assets to heirs.
Common Challenges and Solutions
Handling an estate without a will can be complex. Conflicts among heirs and locating all assets are common challenges. You may need professional help. According to the CFPB, an attorney can guide you through legal complexities, ensuring you follow all necessary procedures.
Comparison of Probate Options
| Option | Best For | Key Benefit |
|---|---|---|
| Probate Court | Large Estates | Ensures legal distribution |
| Small Estate Affidavit | Small Estates | Faster process |
| Heirship Affidavit | Uncontested Heirs | Simple heir identification |
Frequently Asked Questions
How do I find unclaimed money?
You can search state treasury websites for unclaimed property databases or use services like BON Credit to automatically find unclaimed money in your name.
What if there's no will and no known heirs?
If no heirs are identified, the state typically claims the assets through a process called escheat.
Can I access bank accounts of the deceased?
Yes, but you'll need legal authority, such as being appointed the administrator of the estate.
What is probate court?
Probate court oversees the distribution of a deceased person's estate, ensuring debts are paid and assets are correctly distributed.
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Claiming money owed to someone who dies without a will can be a complex process, but understanding intestate succession and following the right steps can help. BON Credit can assist by automating the search for unclaimed money, making the process smoother for you.
- Understand intestate succession to determine your rights.
- Follow a clear process to claim assets successfully.
- Consider using BON for automatic money finding.