My deceased spouse's joint account was escheated — how do I claim?

Request a surviving-spouse claim form from the state. You'll need: death certificate, marriage certificate, your ID, and proof of the last joint address. Processing is usually straightforward.

What if the other joint owner refuses to sign?

Most states will not pay without both signatures. Options: negotiate, or petition the court for a partition/split order. Cost of court action is often more than the claim.

Can a minor joint owner claim?

Not directly until they reach majority (18 or 21 depending on state). A parent or guardian can claim on their behalf with appropriate documentation.

My ex and I had a joint account listed with both names. How is it split?

If the divorce decree addresses the account, that controls. If not, default state law: most common-law states split 50/50 for tenants-in-common. Consult your divorce attorney before filing.

Does a living trust complicate the claim?

If the account was owned by a trust, the successor trustee claims as trustee, not as individual. Bring a copy of the trust document and the certificate of trust.

Joint Owner Unclaimed Property Claims: What You Need to Know

What counts as joint ownership

The property record at the state unclaimed-property office will show one of three ownership structures:

**"Joint with right of survivorship" (JWROS)** — most common for married couples. If one owner dies, the survivor automatically owns 100%.

**"Tenants in common" (TIC)** — each owner has a specific percentage. On death, the deceased's share goes to their estate, not the survivor.

**"Trustee / custodian for"** — one person holds the asset for the benefit of another (e.g., UTMA/UGMA custodial accounts).

Your rights and claim process depend heavily on which of these applies.

If both joint owners are alive

Either owner can file a claim. Most states require both to sign the claim form, or one to sign with a signed statement that they represent both owners.

The state will usually pay a single check made out to both owners jointly, which you'll need to deposit into a jointly-held bank account.

If the owners are no longer on speaking terms, the state can require a court order before paying — at which point you typically need a lawyer to petition.

If one joint owner has died

**Joint with right of survivorship:** the surviving owner claims 100% by providing the death certificate plus their ID. Usually one of the simplest claim types.

**Tenants in common:** survivor claims their percentage directly; the deceased's percentage must be claimed by their estate (via executor, probate, or small-estate affidavit).

**Custodial account:** the original custodian's death does not affect the beneficiary's ownership. The beneficiary (or their guardian, if a minor) can claim.

If both joint owners have died

This is where it gets complex. The property belongs to the estates of both owners, in the proportion of their ownership.

If both died intestate (no will), probate in each owner's state of residence determines who inherits.

If only small-estate-affidavit amounts are involved, an affidavit signed by the heir(s) in each state may suffice. Requirements vary.

Practical tip: when two joint owners have both died, hire an estate attorney for anything over $5,000 — it saves stress and failed filings.

Spousal survivorship rules that trip people up

**Community-property states** (CA, TX, AZ, NM, NV, LA, ID, WA, WI, and AK by election) have special rules. Property acquired during marriage is typically half-owned by each spouse regardless of whose name is on the account. A "sole-name" account may still require a surviving-spouse affidavit.

**Common-law states** (the other 41 jurisdictions) follow the title on the account. Your name on it = you own it.

Surviving spouse claims in community-property states are usually straightforward but require different affidavit language than in common-law states. Check your state's specific form.