Missing heirs
Encyclopedia
A missing heir is a person 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
, probate research
firm or forensic genealogist 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.
Probate research
companies specialize in locating missing and unknown heirs.
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
of a will
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, but whose residence, domicile, Post office
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...
, or other address is not known. A missing heir may be an orphan
Orphan
An orphan is a child permanently bereaved of or abandoned by his or her parents. In common usage, only a child who has lost both parents is called an orphan...
or other person under a disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, who may need a guardian
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
or custodian of funds.
Missing heirs often come up in the context of legal actions involving wills
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
to real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
, or a Quiet title
Quiet title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title....
action. A Private investigator
Private investigator
A private investigator , private detective or inquiry agent, is a person who can be hired by individuals or groups to undertake investigatory law services. Private detectives/investigators often work for attorneys in civil cases. Many work for insurance companies to investigate suspicious claims...
, probate research
Probate research
Probate research deals with finding heirs and proving their right to an inheritance. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There may be also be known heirs from one part of the family, but another part...
firm or forensic genealogist may be hired by the Executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
, Trustee
Trustee
Trustee is a legal term which, in its broadest sense, can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another...
, or Administrator
Administrator (law)
In law an administrator can be:* a person appointed by the court to handle the estate of someone who died without a will ....
to find the missing heirs.
A Probate court or surrogate judge may require the service of a Citation
Citation
Broadly, a citation is a reference to a published or unpublished source . More precisely, a citation is an abbreviated alphanumeric expression Broadly, a citation is a reference to a published or unpublished source (not always the original source). More precisely, a citation is an abbreviated...
, Notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
of Petition, Summons
Summons
Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...
, or Subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of 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
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
, actively solicit missing heris.
Probate research
Probate research
Probate research deals with finding heirs and proving their right to an inheritance. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There may be also be known heirs from one part of the family, but another part...
companies specialize in locating missing and unknown heirs.