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My relative died and left unclaimed property in Virginia. How do I claim it?
Virginia law requires evidence of your entitlement to claim a deceased relative's unclaimed property. Acceptable proof includes a certificate of qualification as executor, an order of appointment as administrator, or a small estate affidavit. If none exists, the administrator may accept an affidavit if the death occurred at least one year before the claim and the amount is $25,000 or less.
Key facts
- Virginia requires evidence of entitlement to claim a deceased relative's unclaimed property.
- Preferred evidence: certificate of qualification as executor or order of appointment as administrator.
- If no such evidence, an affidavit may be accepted if death was at least one year ago and amount is $25,000 or less.
- The administrator may pay all property to a claimant who signs an affidavit agreeing to distribute to other heirs.
- Virginia must post a plain English explanation of the right to claim on its Treasury website.
What Virginia law says about claiming for a deceased relative
When the reported owner of Virginia unclaimed property is deceased, the person claiming an interest must submit evidence of their entitlement to payment along with a form prescribed by the administrator.
The law lists acceptable evidence in order of preference. First, a certificate of qualification as executor or an order of appointment as administrator or personal representative of the decedent's estate under the laws of the state of the decedent's domicile. Second, if applicable, an affidavit authorizing the claimant to be the designated successor under the Virginia Small Estate Act or its equivalent in the state of the decedent's domicile. Third, the order of distribution or the final accounting for a closed estate that reflects payment due in whole or in part to the claimant.
If none of that evidence exists, the administrator may allow an affidavit stating your entitlement. But that is only at the administrator's discretion, and only where the reported owner's death occurred at least one year before the claim was filed and the amount claimed is $25,000 or less, excluding statutory interest.
Steps to claim in order
First, search for the property for free at the official sources: Virginia's own vaMoneySearch.gov, your own state treasury's unclaimed property program, or MissingMoney.com, the free multi-state search NAUPA manages. Never pay a finder a percentage to do what the state does for nothing.
Second, confirm the property is listed under your deceased relative's name. Note the reported owner and the amount.
Third, decide which evidence of entitlement you can provide. If you have opened an estate, you likely have a certificate of qualification or an order of appointment. If the estate qualifies for a small estate affidavit, that may be an option. If the estate was closed, you may have an order of distribution or final accounting.
Fourth, if you have none of those, check whether the death occurred at least one year before you file and whether the amount is $25,000 or less, excluding statutory interest. If both are true, you may be able to submit an affidavit stating your entitlement, though the administrator has discretion to approve it.
Fifth, submit the prescribed form and your evidence to the Virginia administrator. Keep copies of everything you send.
What to gather before you start
Before you begin, collect the documents that match the evidence list. If you are the executor or administrator, gather your certificate of qualification or order of appointment. If you are using the small estate route, gather the affidavit authorizing you as designated successor under the Virginia Small Estate Act or its equivalent in the state of the decedent's domicile.
If the estate is closed, gather the order of distribution or the final accounting that shows payment is due in whole or in part to you.
If you have none of those and plan to use the affidavit option, you will need to state your entitlement in the absence of sufficient documentation. You should also be prepared to show that the death occurred at least one year before the claim was filed and that the amount claimed is $25,000 or less, excluding statutory interest.
Also, if you are claiming all of the deceased owner's property, you may need to submit the prescribed affidavit evidencing your agreement to receive and distribute the property to the other rightful heirs or beneficiaries and acknowledging your assumption of liability to those heirs or beneficiaries for failing to do so.
What goes wrong and how to avoid it
One common problem is submitting the wrong evidence. The law sets a clear order of preference, so start with the first type you can provide.
Another problem is filing too soon. The affidavit option for when no other evidence exists is only available where the reported owner's death occurred at least one year before the claim was filed.
A third problem is claiming an amount above the limit. The affidavit option is only for amounts of $25,000 or less, excluding statutory interest.
Finally, remember that the administrator has discretion to approve the affidavit claim. Meeting the conditions does not ensure approval. To avoid delays, provide clear copies of the documents you have and complete the prescribed form accurately.
When it is worth paying someone
Searching for unclaimed property is free at the official sources: your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com, the free multi-state search NAUPA manages. You never need to pay a finder a percentage to search or to file a claim.
If you need help with the legal steps, such as opening an estate or obtaining a small estate affidavit, you may choose to hire a lawyer. That is a separate service from finding the property.
Virginia law requires the administrator to develop and make available a plain English explanation of a person's right to make a claim where the reported owner is deceased, and to post that document on the Department of the Treasury's website. Reading that explanation first can help you decide whether you need professional help.
Frequently asked questions
What if I don't have a certificate of qualification or an order of appointment?
If none of the preferred evidence exists, the administrator may allow you to submit an affidavit stating your entitlement. This is only at the administrator's discretion, and only if the reported owner's death occurred at least one year before the claim was filed and the amount claimed is $25,000 or less, excluding statutory interest.
Can I claim all the property if there are other heirs?
Yes, the administrator may pay or deliver all of a deceased owner's property to a claimant who submits the prescribed affidavit evidencing their agreement to receive and distribute the property to the other rightful heirs or beneficiaries and acknowledging their assumption of liability to those heirs or beneficiaries for failing to do so.
Where can I find Virginia's plain English explanation of the claim process?
Virginia law requires the administrator to develop and make available a plain English explanation of a person's right to make a claim for property where the reported owner is deceased, and to post that document on the Department of the Treasury's website. Check there for guidance.
Do I need to pay a finder to search for unclaimed property?
No. Searching is free at the official sources: your own state treasury's unclaimed property program, Virginia's vaMoneySearch.gov, and MissingMoney.com, the free multi-state search NAUPA manages. Never pay a finder a percentage to do what the state does for nothing.
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