Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
When a person dies, financial accounts, uncashed checks or forgotten safe-deposit contents may go unclaimed. Hawaii’s Uniform Disposition of Unclaimed Property Act (HRS chapter 523A) requires custodians (banks, insurance companies, employers) to report and deliver unclaimed assets to the State of Hawaii. Heirs can retrieve those assets by following these steps under Hawaii law.
- Search the State’s Unclaimed Property Database.
Visit the official search portal at https://unclaimed.hawaii.gov/search/. Enter the deceased’s full name or Social Security number. Make note of any property ID numbers and descriptions. - Identify and Document Potential Assets.
Review bank statements, insurance records, brokerage statements or old mail for unpaid dividends, refunds or proceeds. Compare those items with the search results. Many custodians hold unclaimed property after three years of inactivity (HRS §523A-2: https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0523A-2). - Gather Required Documentation.
The claimant form typically requires:- Certified copy of the death certificate.
- Proof of heirship (e.g., letters of administration from probate court or a copy of the will naming heirs).
- Government-issued photo ID for the person claiming.
- Completed Unclaimed Property Claim Form (available at https://unclaimed.hawaii.gov/).
- Submit a Claim to the State.
Mail or upload the completed claim form and supporting documents to the Department of Budget and Finance, Unclaimed Property Division. The claim form instructions refer to HRS §523A-11 for processing time and verification procedures (https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0501-0588/HRS0523A-11). - Track and Receive Your Payment.
After you submit a complete claim, the State reviews and verifies eligibility within 60 days. Once approved, the State issues payment by check or direct deposit. Keep copies of all correspondence for your records. - Consider Probate or Small Estate Affidavit.
If the estate goes through probate, you may incorporate unclaimed property into probate distributions. For estates valued under $100,000 without real property, use Hawaii’s Small Estate Affidavit process (HRS §560: https://www.capitol.hawaii.gov/hrscurrent/Vol09_Ch0051-0104/HRS0560/).
Helpful Hints
- Search using variations of the name (middle initial, maiden name) to capture all results.
- Gather as much supporting documentation as possible before filing.
- Contact the Unclaimed Property Division at (808) 587-0440 for case-specific questions.
- Check back periodically; new properties are added quarterly.
- Consult an attorney if the heirship is contested or if the estate involves complex assets.