Escheated Estates

 

An escheated estate consists of property remitted to the Arizona Department of Revenue Unclaimed Property Unit when there are no known devisees or heirs to an estate, or when a devisee or heir cannot be located.  An heir, devisee, or their duly appointed representative has seven years from the time of sale of the escheated property to file a claim for the proceeds.

The department will accept claims for seven years after the receipt date; this deadline to file a claim for consideration is documented on the Escheated Estate List as the “Filing Deadline” date.  As stated above, under Arizona law, A.R.S. §12-886, a person has seven years from the time of sale of the escheated property to collect the proceeds.  Some, or all, of the property may no longer be available prior to the department’s filing deadline. Escheated estate consists of property remitted to the Arizona Department of Revenue Unclaimed Property Unit when there are no known devisees or heirs to an estate, or when a devisee or heir cannot be located.  An heir, devisee or their duly appointed representative has seven years from the time of sale of the escheated property to file a claim for the proceeds.

Please be aware that the department does not maintain records related to the actual sale date(s). The Probate Court’s file contains official records documenting the sale(s) of the escheated property.  To calculate the deadline to collect proceeds you must look to the official court records for sale and liquidation dates.    

How do I claim?

The intent of the instructions below are to assist you in providing the appropriate paperwork to file a claim for the proceeds of escheated estates and to inform you of the evidence that is required to support your claim.

The following is required to initiate a claim for an Escheated Estate:

  • A signed and completed Escheated Estate Claim Form (ADOR 11169.  This form may be notarized in lieu of photo identification for the signor.
  • Proof of Identification for the claimant and their Attorney in Fact.  Acceptable evidence is limited to a legible photocopy of official government issued photo identification or a notarized claim form.

The following evidence is required to support your claim and allow for payment:

  • A validly executed Power of Attorney agreement or a completed Form 285UP as proof of your authority to act as Attorney in Fact on behalf of the heir or devisee. 
  • Death Certificates of the Original Owner and all deceased interceding heirs/devisees.
  • Proof of the relationship between the claimant and any intermediate heirs/devisees and, in turn, their relationship to the Original Owner.  Acceptable evidence is limited to official vital statistics certificates (Birth, Marriage and Death Certificates etc.) or an order from a court of competent jurisdiction (Name changes, Adoption, etc.).  
  • Escheated Estate Affidavit (ADOR 11168, for the Original Owner and all deceased interceding heirs/devisees.  
  • A legible and complete photocopy of any Will or Trust executed by the Original Owner and all deceased interceding heirs/devisees. 

PLEASE NOTE: The factors involved in proving relationship are quite complex, and the protection of property and its rightful return are our first concern. Therefore, based on the circumstances of each claim, additional information may be required by the Unit.  If additional information is required, it will be requested in writing with an explanation of the circumstances.   If after reading the Escheated Estate Listinstructions you have further questions regarding the submission of claims or required evidence, please email your questions to [email protected].