Claim inheritance through various sources and method by the help of estate planning instruments, such as a will or a trust. Will or a trust can be used to claim inheritance. You can also recover you inheritance by the help of intestacy where there is no will required, in which case the laws of your state control who receives the property. If you believe that you are entitled to an inheritance, you should be proactive and seek it out, rather than waiting for a distribution of the property.
Here are the steps to claim inheritance
- First you need to determine that any inheritance will pass to you or you have to claim inheritance. For example, if you have a copy of the will that names you as an heir, the will is the instrument by which the property will pass. However, if you believe you are entitled to claim inheritance from a recently deceased individual, and you are not aware of a will or a trust, you should contact the individual.
- You should write to the person who is administrator of the estate to demand the will, or the trustee in the case of a trust. This will put the administrator, executor or trustee on notice of your claim of inheritance.
- File a case in probate court in the county where the deceased lived to claim inheritance. Ask a deputy clerk for any records relating to a case involving the estate of the deceased. Pay any required records fee. Take note of any scheduled hearing dates in the case.
- Ask the deputy clerk for a claim notice form. Many courts provide a form which you must file with the court as notice of your claim to an inheritance. Fill out the claim notice form as indicated. File the form with the court as required. Attend the hearings to make sure that a distribution of property is made from the estate to you.
- Hire an attorney if you cannot find any cases pending for the deceased’s estate or encounter difficulty in obtaining your inheritance. An attorney will be able to guide you in the right direction toward claiming your inheritance.