Finding an estate’s name on New York’s unclaimed funds list is the easy part. Getting the money paid out takes the right person, the right documents and, sometimes, patience. Here’s what the Office of the State Comptroller asks for on a claim for someone who has died.

Who can file

It depends on whether the Surrogate’s Court has appointed someone.

• A court-appointed representative. If the court has appointed an executor or administrator, the Comptroller says only that person may submit the claim, even if everything else in the estate is settled.
• A voluntary administrator. For smaller estates (less than $50,000 in personal property and no real property), a Certificate of Voluntary Administration serves as the appointment.
• Heirs, for small amounts only. With no appointed representative, heirs can file with a Small Estates Affidavit and a Table of Heirs. The Comptroller may process that claim only if the funds are under $1,000. At $1,000 or more, only a court-appointed representative can complete the claim.
• Whoever paid for the funeral. With no appointed representative, the person who paid funeral expenses can ask to be reimbursed, up to $5,000, with proof of what they paid.

The documents

For a claim by a court-appointed representative, expect to provide:

1. A copy of the death certificate.
2. The certificate of appointment (letters testamentary, letters of administration, or a certificate of voluntary administration). It must be dated within six months of when the claim is submitted. If it’s older, the Surrogate’s Court has to recertify it.
3. Proof the decedent owned the funds. The Comptroller asks for documents connecting the decedent to the address reported with the funds, or to the company that reported them. Old statements, tax forms, bills or an ID showing that address are typical.
4. The signed claim form. Forms the Comptroller sends must be printed, signed by hand, and scanned or photographed. The Comptroller says electronic signatures, such as through Adobe, aren’t accepted.

Filing and timing

Claims start online on the Comptroller’s site, and supporting documents are uploaded there. Files must be PDF, PNG, JPG or TIF, each under 10 MB, with up to five files per upload.

Once the documents are in, the Comptroller says to allow up to 90 days for review. After a claim is approved, the check is mailed within 30 days.

Where estate claims usually stall

• The appointment is too old. Letters issued years ago won’t be accepted as they are. Recertification is a court step, so plan for it before filing.
• The address doesn’t match. Property is listed under the address the holder had, which may be decades old. Proving the connection can take some digging.
• The name doesn’t match. A maiden name, a middle initial or a typo on the holder’s records can hide property or slow its approval.
• Many small items. A single decedent can have a dozen or more listings, each with its own proof.
• No one can sign. If the executor has died or been discharged, a successor must be appointed before anyone can claim. That’s the estate attorney’s work.

If the estate hires a recovery firm

The estate never has to. The Comptroller charges no fee, and the representative can file directly. If the estate does hire a firm, New York law sets the terms:

• the agreement must be on the Comptroller’s form, signed by the representative and notarized;
• the fee can’t be more than 15% of what’s recovered;
• the agreement must say that the funds can be claimed from the State for free.

For estates with a New York court-appointed executor or administrator, the Comptroller also asks the firm for a court-certified copy of the agreement as filed with the Surrogate’s Court. And the Surrogate’s Court can review the fee.

How we help

We handle the document gathering, the filing and the follow-up, and we keep the estate’s attorney copied throughout. Any court step stays with the attorney. Send us a decedent’s name for a free 48-hour check.

This article is general information about New York’s unclaimed funds rules, not legal advice.

Abandoned funds held by the State can be obtained directly from the Office of the State Comptroller by the owner of such funds without paying a fee. These funds are held indefinitely by the Office of the State Comptroller. For more information, contact the Office of the State Comptroller at 1-800-221-9311 or http://www.osc.ny.gov/unclaimed-funds.