Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies, assets such as bank accounts, safe deposit contents, insurance proceeds or uncashed checks can become “unclaimed property.” In Colorado, the Uniform Unclaimed Property Act (C.R.S. §§ 38-13-101 et seq.) governs how the state holds and releases these assets. A surviving heir or personal representative may claim these funds by following the steps below.
1. Review the Legal Framework
Colorado’s Unclaimed Property Act defines property considered abandoned after specific dormancy periods—typically three to five years, depending on asset type. For definitions and timelines, see C.R.S. § 38-13-103: leg.colorado.gov/statutes/title-38-property/unclaimed-property-act#section-38-13-103.
2. Search the Colorado Unclaimed Property Database
Visit the Colorado State Treasurer’s Unclaimed Property portal: treasurer.state.co.us/unclaimed-property. Enter the decedent’s full name (and any known aliases). Review results carefully—property may be listed under variations of the name.
3. Gather Supporting Documents
To prove your entitlement, you generally need:
- A certified copy of the decedent’s death certificate.
- Proof of heirship or authority: a certified will, letters testamentary, letters of administration or a court order appointing you as personal representative.
- Evidence linking the decedent to the unclaimed property (account statements, policy numbers, or property descriptions).
- Your government-issued photo ID and proof of address.
4. Complete and Submit a Claim Form
Download and complete the official claim form from the Treasurer’s website: treasurer.state.co.us/unclaimed-property/claims. Attach all required documents, ensuring certified copies where noted. Sign and notarize as instructed.
5. Monitor and Follow Up
After submission, the Treasurer’s office reviews your claim under C.R.S. § 38-13-116 (leg.colorado.gov/statutes/title-38-property/unclaimed-property-act#section-38-13-116). Processing can take several weeks. You may receive a request for additional information—respond promptly to avoid delays. Once approved, the state will issue payment directly to you.
Helpful Hints
- Search various spellings of the decedent’s name and include maiden or middle names.
- Verify dormancy periods for different property types (e.g., life insurance proceeds often have shorter periods).
- Maintain digital and physical copies of all forms and correspondence.
- If you encounter challenges, consider contacting the Treasurer’s Unclaimed Property Division at (303) 866-2447.
- Engage a licensed Colorado probate attorney if the estate is complex or if multiple heirs dispute the claim.