When someone passes away, their financial life often leaves a long tail of forgotten assets: an old savings account, an uncashed insurance check, a utility deposit, a stock certificate from a company they worked for decades ago. Much of it eventually gets escheated to the State of Georgia and waits for an heir to claim it — and heir claims are the highest-value, most under-claimedcategory of Georgia unclaimed property. They’re also the most documentation-heavy. This guide walks through what you need to know.
At a glance
- Cost to file
- Free when you file directly with the state
- Who can claim
- Named beneficiaries, executors/administrators, or legal heirs under intestate succession
- Core documents
- Certified death certificate, your photo ID, proof of relationship
- Timeline
- 90–180 daysfor heir claims — longer than the 30–90 days for standard claims
- New in 2026
- SB 403 (effective July 1, 2026): heir claims of $7,500 or less can skip a probate court order when all heirs agree
- Deadline
- None — the state holds the property until it’s claimed
Who can file an heir claim?
In Georgia, the right to claim a deceased person’s unclaimed property generally flows in this order:
- The named beneficiary (for assets like life insurance or pay-on-death accounts)
- The executor or administrator of the estate (if probate is open)
- The legal heirs under intestate succession (if no will exists, the surviving spouse and children share first — the spouse receives at least one-third — then parents, then siblings)
Georgia’s intestate succession rules are codified at O.C.G.A. §53-2-1. If you’re unsure where you fall in the line of succession, the Georgia probate court for the county where the deceased lived can help clarify.
Probated vs. non-probated estates
Probated estate:The court has formally appointed an executor (named in the will) or an administrator (if no will). The executor has “letters testamentary” or “letters of administration” that give them legal authority to act on behalf of the estate — including claiming unclaimed property.
Non-probated estate:Many small estates don’t require formal probate. Georgia offers a “no administration necessary” petition when there are no debts and the heirs agree on how to divide the estate, a bank-account affidavit for balances under $15,000, and a year’s support proceeding for surviving spouses and minor children. For unclaimed property claims, the Georgia Department of Revenue (GA DOR) will often accept alternative documentation in non-probated cases — such as a sworn affidavit of heirship.
New for 2026 — the SB 403 small-claim waiver: Under SB 403, signed May 7, 2026 and effective July 1, 2026, heir claims of $7,500 or lesscan skip a probate court order entirely when all heirs agree, the estate’s debts are settled, and no probate proceeding is pending. For modest claims, this removes the single biggest hurdle families used to face. If you’re not sure whether your claim qualifies, tell us about your relativeand we’ll take a look.
What documents you’ll need
The exact requirements vary by claim size and complexity, but plan to gather:
- Certified copy of the death certificate (from the Georgia Department of Public Health or the state where they died)
- Your government-issued photo ID
- Proof of your relationship to the deceased— birth certificate, marriage certificate, or adoption record
- Letters testamentary or letters of administration if probate is open
- The will, if one exists, even if probate isn’t open
- Affidavit of heirship for non-probated small estates — a notarized statement listing all heirs and their relationships (see our notary guide for getting documents notarized in Georgia)
- Other beneficiaries’ consent if multiple heirs share the claim
Here’s how the paperwork breaks down by scenario:
| Your situation | Court paperwork | Also gather |
|---|---|---|
| Probated estate | Letters testamentary or letters of administration | Death certificate, your ID, the will |
| Non-probated small estate | Usually none — a notarized affidavit of heirship is often accepted | Death certificate, your ID, proof of relationship, other heirs’ consent |
| SB 403 waiver (claims ≤ $7,500, from July 1, 2026) | No probate court order needed | Written agreement of all heirs, debts settled, no probate pending; death certificate, ID, proof of relationship |
For larger claims or contested estates, the GA DOR may also request the original will, court orders, or additional supporting evidence.
Step-by-step: filing an heir claim in Georgia
- Search for the deceased’s name at gaclaims.unclaimedproperty.com or with our free search. Try every variation — full name, nickname, maiden name, prior surnames.
- Register an account on the state portal in your own name (the heir, not the deceased).
- Add the matched property to your claim and indicate you’re filing as an heir or executor.
- Upload all required documentation. The portal will tell you what’s missing and let you re-upload as needed.
- Submit and wait. Heir claims take longer to review than claims filed by the original owner — plan for 90–180 days, sometimes longer if probate documents need verification.
When probate court is required
You generally need to open probate when:
- There is a will that must be validated by the court before an executor can act
- The deceased had outstanding debts
- Multiple heirs disagree about the distribution
- The unclaimed property includes real estate or business interests
Remember the exception above: from July 1, 2026, SB 403 lets heirs skip the probate court order for unclaimed-property claims of $7,500 or less when everyone agrees, debts are settled, and no probate is pending. For everything else, probate runs through the probate court of the county where the deceased lived, which has its own fee schedule and filing requirements — if you’re facing it for the first time, talking to a Georgia estate attorney is usually money well spent.
Tax implications
Most heir claims for unclaimed property are not taxable income to the recipient. The funds are considered a return of property the deceased already owned, not new income. However:
- Interest accrued while the funds were in state custody may be taxable
- If the estate is large enough to be subject to federal estate tax, the recovered funds count toward the estate’s value
- If you’re distributing the recovered funds among multiple heirs, document the distribution carefully for IRS purposes
This isn’t legal or tax advice — consult a CPA or estate attorney for your specific situation, especially if the recovered amount is substantial.
Why heir claims often benefit from professional help
Heir claims are the most paperwork-intensive type of unclaimed property claim, and small mistakes can delay payouts by months. Common reasons people get help:
- The deceased had multiple properties across different states
- You can’t locate the original will or beneficiary forms
- The chain of inheritance is complicated (deceased beneficiaries, second marriages, adopted children)
- You don’t live in Georgia, and managing the paperwork remotely is a hassle
- The claim is large enough that getting it right matters more than saving a fee
Filing directly with the state is always free, and the steps above are all you need for a straightforward claim. If you’d rather have help, Reclaim Georgia’s contingency service handles heir claims regularly — we file as your registered Claimant Designated Representative (CDR), gather supporting documentation, work directly with the GA DOR, and only get paid when you do. Our fee is just 10% — a third of the 30% maximum Georgia law allows — and the state pays you directly. Heir claims take patience and paperwork, but the money is genuinely yours and the state is legally required to release it once the documentation is in order.
See what your relative left behind
Search their name for free — no account required — or tell us about a deceased relative and we’ll look for unclaimed property owed to their estate.