Founding Attorney
Probate is a process designed to make sure a person’s assets are distributed according to their wishes or, if there’s no will, under Texas law. But what happens when an heir cannot be found? Missing heirs can complicate probate and delay closing an estate. If you’re an executor or personal representative facing this situation, it’s essential to know your options.
First Steps When an Heir Is Missing
If you believe an heir cannot be located, the first step is to make a genuine, reasonable effort to find them. Courts expect executors to take reasonable steps before concluding that an heir is missing.
You may need to:
- Check with other family members or close friends
- Search public records
- Look through old correspondence, social media, or email
- Hire a private investigator if needed
In many cases, a thorough search turns up the missing heir or provides enough information to locate their last known address.
Legal Requirements for Locating an Heir
Texas law requires that all heirs be notified about probate proceedings. If an heir cannot be found after reasonable efforts, you must take additional steps to comply with the law, including:
- Publishing a Notice: You may need to publish a notice in a newspaper in the county where probate is taking place. This notice alerts anyone who may have a legal interest in the estate.
- Filing an Affidavit: Courts often require an affidavit of due diligence, which is a sworn statement outlining the efforts you made to find the missing heir.
- Appointing an Attorney Ad Litem: In some cases, the court may appoint an attorney ad litem to represent the interests of the missing heir during probate.
Taking these steps ensures the probate process can move forward fairly and legally, even when an heir is absent.
What Happens to the Missing Heir’s Inheritance?
Just because an heir cannot be located right away doesn’t mean they lose their inheritance. Typically, the missing heir’s share of the estate will be:
- Held in trust or escrow: The executor may be required to set aside the missing heir’s portion in a trust or separate account.
- Subject to court supervision: The funds remain available for the heir to claim if they come forward later.
- Eventually subject to escheatment: If the missing heir never claims their inheritance and cannot be found after a lengthy period, the funds could subsequently revert to the State of Texas — but only after many years and specific legal processes.
We can help you ensure that any unclaimed inheritance is handled properly, protecting you from liability as the executor.
Can Probate Still Be Completed?
Yes, probate can still be completed even if an heir remains missing, as long as you’ve followed all the required steps. The court will usually allow the estate to be closed after:
- Publishing the necessary notices
- Filing the appropriate affidavits
- Distributing the known shares to the located heirs
- Safeguarding the missing heir’s share appropriately
By following the process carefully, you can fulfill your duties as executor and avoid potential legal problems later.
Why It’s Important to Work With a Probate Attorney
Missing heirs add complexity to an already technical process. Mistakes can create delays, add expenses, or even personal liability for the executor. That’s why working with a knowledgeable probate attorney can make a significant difference.
At the Law Office of Carey Thompson, we can assist with:
- Searching for missing heirs efficiently
- Ensuring legal compliance with notification and publication requirements
- Preparing affidavits and legal filings
- Managing any necessary trusts or escrow accounts
- Protecting you from liability throughout the process
Our Fort Worth-based team will guide you through each step, providing the support you need to complete probate properly and confidently. Contact us today to schedule a consultation and make sure the estate is handled properly from start to finish.