Missing heir

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Wills, trusts and estates

Part of the common law series
Wills
Legal history of wills Joint wills and mutual wills Will contract Codicil Holographic will Oral will Sections Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property disposition Lapse and anti-lapse Ademption Abatement Satisfaction of legacies Acts of independent significance Elective share Pretermitted heir
Trusts
Express Resulting Constructive Common types Bare Discretionary Accumulation and maintenance Interest in possession Charitable Purpose Incentive Other types Protective Spendthrift Life insurance Remainder Life interest Reversionary interest Testamentary Honorary Asset-protection Special needs Supplemental needs Governing doctrines Pour-over will Cy-près doctrine Hague Convention (conflict law) Application in civil law Dishonest assistance
Estate administration
Intestacy Testator Probate Power of appointment Simultaneous death Slayer rule Laughing heir Advancement Disclaimer of interest Inheritance tax
Related topics
Advance directive (Living will) Blind trust Forced heirship Totten trust
Other common law areas
Contract Tort Property Criminal law Evidence
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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 heirs.^[1]

Probate research companies specialize in locating missing and unknown heirs.