There are four different types of Unclaimed Funds one might
come across in the Probate Court.
Disposition of Unclaimed Funds by Probate Court:
Sometimes at the conclusion of a probate matter,
there remains a positive case balance. If an attorney is involved
in the case a refund check is drafted payable to the attorney.
If the attorney was reimbursed through an Application for Attorney
Fees, the attorney should name the fiduciary payee and deliver
said check. Each second Monday of January the Court must publish
a list of unclaimed funds from the preceding year. If a payee
does not contact the probate cashier to reissue a lost or voided
check, ORC sections 2335.34 and 2335.35 requires that the court
pay the unclaimed funds into the County Treasury. After five years
any unclaimed funds default to the County General Fund. To see
a current list of outstanding checks Click
When heirs of an estate cannot be located, the
probate judge may order the fiduciary to pay the unclaimed distribution(s)
into the County Treasury, where they will remain until someone
files a claim and the money is paid out. To see a list of Unclaimed
Inheritances, Click here.
Escheat of personal estate when estate is intestate
and without heirs:
When, under sections 2105.01 to 2105.21, inclusive
of the Revised Code, personal property escheats to the state,
the prosecuting attorney of the county in which letters of administration
are granted upon such estate shall collect and pay it over to
the treasurer. Such estate shall be applied to the support of
the common schools of the county in which collected.
Miscellaneous Unclaimed Funds:
Sometimes probate cases are reopened because
additional funds are discovered which are assets of the estate.
When opening an estate the attorney and/or fiduciary should check
for any miscellaneous unclaimed funds in Ohio or any state where
the decedent may have lived or held property. To find out more about
miscellaneous unclaimed funds click here for Ohio Unclaimed Funds or National Unclaimed Funds.