How to Probate with a Missing Heir: Steps and Considerations
The probate process can be long and complicated even under the best of circumstances. However, when you're faced with the challenge of a missing heir, the situation can become even more complex. In this post, the probate lawyers at Thompson Legal will discuss what to do in probate when you have a missing heir, including the steps to take and the legal considerations involved.
Please note that this post is not exhaustive, and every situation is unique. In the event that you have questions about probate administration or your specific case, it’s advisable to speak with an attorney. Contact Thompson Legal to schedule a discovery call with a probate attorney.
Thoroughly Investigate
The first step when dealing with a missing heir is to conduct a thorough investigation. This may involve:
Reviewing Records: Carefully examine the deceased person's records, including their will, if one exists, and any other estate planning documents. Look for any clues or information about the missing heir's identity or whereabouts.
Contacting Relatives and Friends: Reach out to other family members, close friends, and associates who may have information about the missing heir's location or contact details.
Conduct Online Research: There are many great (free and paid) online search engines to find parties information based on publicly available data. Some of my favorites include Spokeo, BeenVerified, and PeopleLooker.
Hiring a Private Investigator: In some cases, it may be necessary to hire a professional investigator to help locate the missing heir. They have the expertise and resources to conduct a more in-depth search.
Legal Notice and Publication
If your initial efforts to locate the missing heir are unsuccessful, you may need to take legal steps:
Publish a Notice: In many jurisdictions, you'll be required to publish a legal notice in a local legal news. This notice typically informs any potential heirs or creditors about the missing heir. The notice will specify a deadline for the missing heir to come forward.
Court Petition: Depending on your jurisdiction's laws, you may need to file a petition with the probate court to request permission to proceed with the distribution of assets, even in the absence of the missing heir.
Guardianship or Conservatorship
In cases where the missing heir is a minor or incapacitated adult, you may need to consider seeking a guardianship or conservatorship appointment to protect their interests. This will ensure that their share of the estate is managed appropriately until they can be located.
Consult with an Attorney
Dealing with missing heirs can be legally complex, and it's advisable to consult with an experienced probate attorney. They can provide guidance on the specific laws in your jurisdiction and help navigate the legal procedures involved.
Distribution of Assets
Once you have exhausted all reasonable efforts to locate the missing heir, consult with the legal requirements. MCL 700.3916 and MCL 700.3917 detail the process on what a fiduciary is required to do to distribute assets. Proceeds due to any unlocated party generally must be deposited with the state’s treasury for a period of 3 years. In the event the missing heir never comes forward, these unclaimed funds can be distributed to the known interested parties of the Estate.
Conclusion
Dealing with a missing heir during the probate process can be challenging. While the process may require additional steps, a thorough and diligent approach is essential to ensure that the estate is settled in accordance with Michigan law. Consulting with an experienced probate attorney is often the best way to navigate these complex situations and ensure a fair and lawful resolution. To speak with a Michigan probate attorney about your case, Contact Thompson Legal to set up a discovery call.
This blog is for informational purposes only. It is not intended as legal advice. In the event you would like to speak with a probate lawyer about your case Contact Us at (734) 743-1646 to schedule a consultation.
