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Chasing Down Missing Heirs
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by Trish A. Champion
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Absens haeres non erit (The absent man will not be an heir). This is no longer true in Texas. With the implementation of §53(c) of the Texas Probate Code, I foresee many attorneys taking on the role of investigator/genealogist and purchasing the latest version of Family Tree Maker. Texas Probate Code §53(c) which went into effect September 1, 2001 allows the probate judge to appoint an attorney ad litem to represent the interests of a person having a legal disability, nonresident, an unborn or unascertained person, or an unknown heir in any probate proceeding. There are many circumstances that an attorney or other legal fiduciary may need to identify and locate an unknown heir. In most cases the individuals you usually will be searching for are issue of the decedent, but occasionally the search entails nieces, cousins, and sometimes even second cousins once removed.
After speaking to available relatives, neighbors and friends you should be able to ascertain who you are searching for. It could be a daughter who lives out of state or that nephew who the decedent proudly spoke of as being in the marines. If the decedent's personal property has not totally been disposed of, try to obtain their address book, personal letters, cards and photos as well as other documents of importance. A look in the decedent's address book or correspondence may yield the address of the individual you are looking for. We have often found an heir's address on the envelope of a received birthday card or wedding invitation that had been saved and carefully put away. Other sources that may yield information are:
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driver's license and records
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credit bureaus
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funeral registers and obituaries
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probate record of a deceased spouse
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social security records
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medical and employee records
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passport or visa
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military records
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If the initial search has not produced the information you need, it may be time to call in the professionals. A private investigator can usually locate an individual with just their name (full name is preferred). The more information you can give the investigator, the better their chances of finding them. If possible, give a last known address or state of residence, and an approximate age. For cases in which the name or relation of the heir is unknown, you will need to contact an heir tracer or heir locator. Heir tracers can trace the heir(s) whether they are children of the decendent or second cousins. Reputable heir tracers are also licensed investigators and should be able to give you references. A complete genealogical report on the decedent should include genealogical charts, descendant information with current addresses for the living heirs, and documentation to support their conclusions.
Estate administrator, attorney ad litem, trustee, public fiduciary - whatever the title, it is your responsibility to your client, known and unknown, to perform your duty to the best of your ability according to the law. Though I don't believe that §53(c) intended for attorneys to turn into genealogists or private investigators, I do believe that the intention was for the attorney to provide a diligent search for the unknown heirs.
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Trish A. Champion is a professional genealogist and private investigator. She is a member of the Association of Professional Genealogists, the Texas State Genealogical Society, and Georgia Genealogical Society.
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