Missing heirs

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The Law of Wills, Trusts and Estate Administration

Part of the common law series
Wills
Wills · Legal history of wills
Joint wills and mutual wills · Will contract
Codicils · Holographic will · Oral will
Parts of a Will
Attestation clause · Residuary clause
Incorporation by reference
Contesting a Will
Testamentary capacity · Undue influence
Insane delusion · Fraud
Problems of property disposition
Lapse and anti-lapse
Ademption · Abatement
Acts of independent significance
Elective share · Pretermitted heir
Trusts
Generic Terms:
Express trust · Constructive trust
Resulting trust
Common Types of Trust:
Bare trust · Discretionary trust
Accumulation and Maintenance trust
Interest in Possession trust
Charitable trust · Purpose trust
Incentive trust
Other Specific Types of Trust:
Protective trust · Spendthrift trust
Life insurance trust · Remainder trust
Life interest trust · Reversionary interest trust
Honorary trust · Asset-protection trust
Special needs trust: (general)/(U.S.)
Doctrines governing trusts
Pour-over will · Cy-près doctrine
Estate Administration
Intestacy · Testator · Probate
Power of appointment
Simultaneous death · Slayer rule
Disclaimer of interest
Other related topics
Living Wills (advance directives)
Totten trust
Other areas of the Common Law
Contract law · Tort law · Property law
Criminal law · Evidence

Missing heirs are persons related to a decedent (dead person), or testator of a will, but whose residence, domicile, Post office, or other address is not known. A missing heir may be an orphan or other person under a Disability, who may need a guardian or custodian of funds.

Missing heirs often come up in the context of legal actions involving wills, title to real property, or a Quiet title action. A Private investigator may be hired by the Executor, Trustee, or Administrator to find the missing heirs.

A Probate court or surrogate judge may require the service of a Citation, Notice of Petition, Summons, or Subpoena to the relevant persons who may be missing persons, or may know the whereabouts of such person.

Some courts, such as Suffolk County Probate Court in Boston, actively solicit missing heris. ^[1]

There are many missing heirs search companies, which normally charge a contingent fee.^{[citation needed]} They exist in states such as Florida ^[2], California ^[3], Texas ^[4], and Connecticut ^[5]. They are also located in the UK. ^[6]