How to Find Heirs
Identify the will., Work with the executor of the estate., Examine the will., Meet with an attorney who is familiar with estate law., Prepare to perform a “due diligence” search.
Step-by-Step Guide
-
Step 1: Identify the will.
For the vast majority of cases, identifying heirs is not very interesting or involved.
Read the will, identify the spouse and/or children, and distribute the property.
However, when a will cannot be found, or if the heirs are not clear, then the matter becomes more interesting (and usually more difficult).
Wills are not filed with any court or state agency.
Sometimes the person will leave a will with the attorney who helped draft it.
But it is entirely possible that a person could have written a will, without telling anyone, and tucked it between the pages of his or her favorite book in the book case.
The first step, in such a case, is simply to find if a will exists and identify it as such.
If, after a diligent effort, no will can be located, then any interested party can apply to the probate court for an order that no will exists.
Usually this will be a family member.
If that happens, then the estate will be distributed according to state law, as though no will ever existed.
State probate law generally describes certain percentages of the estate that are to go to the spouse and children.
If no spouse or children are alive at the time, then the law will extend to parents or siblings.
The example of an estate going to a long-lost great nephew twice removed rarely happens, except in the movies. -
Step 2: Work with the executor of the estate.
In most states, distribution of the property is managed by someone called an executor.
The executor is usually a friend or relative of the deceased, or could be an attorney who gets appointed.
If you are looking for heirs to the estate, you will need to meet with the executor to get information about the will., If you are in a position to read the will, examine it carefully.
If the will identifies heirs by name, then your search will be easier.
However, if the will uses vague language, such as, “I leave the remainder of my estate to any identifiable heirs,” of if there is no will, then your search will be more complicated.
You will first need to determine whether any such heirs exist, and then try to find them., Estate or probate law is what directs the distribution of assets from a decedent’s estate.
You will probably need to meet with an attorney who practices this type of law to understand the requirements of your state.Estate laws differ from one state to another.
The law that controls is usually the law of the state where the decedent was last living when he or she passed away. , The law will inform you about the need to search for missing heirs.
If the will is vaguely written or if an heir cannot be located or identified, state law generally requires the estate to perform a “due diligence” search.
This is at least a minimally reasonable effort to try to find missing heirs.A due diligence search usually requires advertising in a local newspaper for a number of weeks about the effort to locate heirs to the estate, as well as making direct contact with known family members. -
Step 3: Examine the will.
-
Step 4: Meet with an attorney who is familiar with estate law.
-
Step 5: Prepare to perform a “due diligence” search.
Detailed Guide
For the vast majority of cases, identifying heirs is not very interesting or involved.
Read the will, identify the spouse and/or children, and distribute the property.
However, when a will cannot be found, or if the heirs are not clear, then the matter becomes more interesting (and usually more difficult).
Wills are not filed with any court or state agency.
Sometimes the person will leave a will with the attorney who helped draft it.
But it is entirely possible that a person could have written a will, without telling anyone, and tucked it between the pages of his or her favorite book in the book case.
The first step, in such a case, is simply to find if a will exists and identify it as such.
If, after a diligent effort, no will can be located, then any interested party can apply to the probate court for an order that no will exists.
Usually this will be a family member.
If that happens, then the estate will be distributed according to state law, as though no will ever existed.
State probate law generally describes certain percentages of the estate that are to go to the spouse and children.
If no spouse or children are alive at the time, then the law will extend to parents or siblings.
The example of an estate going to a long-lost great nephew twice removed rarely happens, except in the movies.
In most states, distribution of the property is managed by someone called an executor.
The executor is usually a friend or relative of the deceased, or could be an attorney who gets appointed.
If you are looking for heirs to the estate, you will need to meet with the executor to get information about the will., If you are in a position to read the will, examine it carefully.
If the will identifies heirs by name, then your search will be easier.
However, if the will uses vague language, such as, “I leave the remainder of my estate to any identifiable heirs,” of if there is no will, then your search will be more complicated.
You will first need to determine whether any such heirs exist, and then try to find them., Estate or probate law is what directs the distribution of assets from a decedent’s estate.
You will probably need to meet with an attorney who practices this type of law to understand the requirements of your state.Estate laws differ from one state to another.
The law that controls is usually the law of the state where the decedent was last living when he or she passed away. , The law will inform you about the need to search for missing heirs.
If the will is vaguely written or if an heir cannot be located or identified, state law generally requires the estate to perform a “due diligence” search.
This is at least a minimally reasonable effort to try to find missing heirs.A due diligence search usually requires advertising in a local newspaper for a number of weeks about the effort to locate heirs to the estate, as well as making direct contact with known family members.
About the Author
Michelle Lee
A passionate writer with expertise in DIY projects topics. Loves sharing practical knowledge.
Rate This Guide
How helpful was this guide? Click to rate: