It’s an unfortunate reality, but family ties can sometimes become very fragile – or even snap. When someone dies, it isn’t uncommon for the estate’s personal representative (sometimes known as an executor) to find that there’s an heir whose whereabouts are unknown.
In those situations, the personal representative cannot simply ignore their existence and redistribute their share of the estate amongst the other beneficiaries. Instead, they must make a reasonable effort to locate the heir before the court will give them permission to close the estate.
The executor must do their due diligence
Estate executors have a fiduciary duty to the estate and any heirs or other beneficiaries – and that includes attempting to locate any who are missing. The court will generally refuse to settle the estate until a diligent search has been performed.
Exactly what qualifies as a diligent search can vary according to the circumstances, but it may include:
- Contacting known relatives, friends and former employers for information
- Reviewing the deceased person’s address books, correspondence and financial records for clues about the missing relative’s last known location
- Searching public records, property records and voter registries to see if they appear
- Checking social media accounts and online directories for clues to their location or contact methods
- Contacting professional organizations or military records offices, if they have any
- Sending correspondence to the heir’s last known address to see if they will respond
- Hiring a professional investigator or heir-search service to try to track them down
If the heir still cannot be located, the court may permit the executor to publish a notice in an approved newspaper in a final attempt to locate them. Then, depending on the court’s discretion, they may close the estate – although the missing party’s share of the estate may need to be deposited with the court and put in the state treasury’s unclaimed funds. The inheritor usually will remain the legal owner of the assets even when the estate is closed, unless they are determined to be deceased.
A missing heir can delay estate administration, particularly when the person is entitled to receive a significant share of the property. However, probate does not necessarily remain open indefinitely. Having experienced legal guidance can help keep the process in motion and simplify the resolution of issues.