Texas

Texas unclaimed property: the heir claim, tier by tier.

Texas doesn't have one heir-claim rule — it has a ladder, set by the Comptroller's own rule (34 TAC §13.9), and the rung you're on is decided by the amount. File the wrong tier's paper and the claim comes back. Here is the ladder exactly as the rule builds it, plus the will trap that catches Texas families who skip the fine print.

The ladder — 34 TAC §13.9

Claim amountThe heirship proof Texas demands
$5,000 or lessAn heirship affidavit — a sworn statement of the family history, signed by two disinterested witnesses (people who know the family but stand to gain nothing)
$5,001 – $10,000The same heirship affidavit, recorded in the county records
$10,001 – $75,000The small-estate affidavit under Estates Code chapter 205 — intestate only, and see its conditions below
Over $75,000A judicial Determination of Heirship — a court proceeding that names the heirs

34 TAC §13.9, as published by the Texas Comptroller. The Comptroller may waive or substitute proof in individual cases — the ladder is the default, not a promise in either direction.

The chapter 205 conditions (the rung everyone misreads)

The will trap — Tex. Prop. Code §74.501

Texas pays the beneficiaries of an unprobated will only in a narrow case: the claim is under $10,000 AND the will's beneficiaries are the same people who would inherit without a will. Outside that case, the Comptroller looks for probate or a court order. And if the route is an independent administrator, the appointment must happen within 4 years of the death (§74.501(d)(3)) — a clock that quietly expires on old deaths while families deliberate. If the death is old and a will exists, read this section twice and consider counsel before the four years run.

File it at the official door

Texas's program is run by the Comptroller at ClaimItTexas.gov — free to search and file. Texas takes heir claims through its online system; the checker places your amount on the ladder and prints your chain.

Run your own claim. The free checker takes your state, your relationship, and your amount — and returns the probate-skip verdict, your document chain in order, the signatures you'll need, and the finder fee you'd avoid. Run the checker →

The working papers for this claim

The pages above are the map. The kit is the paperwork: the per-state checklists, the Table of Heirs worksheet, the letters that line up every heir's signature, and the chapter for the state's reply.

Included in the $39 MoneyLeftBehind Kit

  • The heirship-affidavit walkthrough: how to write it, who may witness it, where it must be recorded, and how Texas's four tiers decide which paper your amount needs
  • The per-state chain checklists: the exact document ladder for your state and your relationship, in order — which certificate, which form, which signature — with the state-specific rungs (Texas's tiers, New York's Table of Heirs, Florida's all-beneficiaries rule) built in
  • The sibling and co-heir coordination pack: the letter to send your relatives, what each person must sign and send back, and the signature-collection tracker that keeps one slow cousin from stalling the whole family's claim
  • The probate-skip decision worksheets: affidavit vs. summary administration vs. full probate, state by state, with the math run against your state's cap — including California's date-of-death bands
Get the $39 MoneyLeftBehind Kit

One payment, yours to keep. We never file for you and never touch your money — you file everything yourself, with the state. See everything inside the kit →

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