Locating heirs is a critical, and often challenging, step in the Texas probate process. Whether a loved one died without a will (intestate) or a named beneficiary in a will has moved and lost contact, the law requires a diligent effort to find these individuals before an estate can be fully settled.
Why Locating Heirs is Necessary
In Texas, when someone dies without a will, their property passes to their heirs according to a strict legal formula. This often leads to complications in blended families or when a decedent was estranged from children from a prior marriage. Under Texas Estates Code Chapter 202, a court must conduct a "Determination of Heirship" to legally establish who is entitled to the estate. This process cannot be completed until all potential heirs have been notified. If you don't know who the heirs are—or where they are—the entire probate process can grind to a halt.
Professional Tools for Tracking Missing Persons
Attorneys have access to specialized tools that go far beyond a simple Google search. One common method is using legal databases like "People Search." This tool is particularly effective because it tracks vehicle registration records; since most people register their cars annually, it often provides the most current address for an individual.
When basic database searches fail, legal teams often employ skip tracing. This involves working with professional process servers and/or investigators who specialize in "skipping" through various public and private records to find a person's current location. In more complex cases where the identity of the heirs is unknown, the firm may hire a genealogist to reconstruct family trees and identify individuals by name.
Taking the Search to the Streets
In some instances, missing heirs aren't found in a digital database because they are living an off-the-grid lifestyle. In these scenarios, a Private Investigator (PI) becomes an invaluable asset. PIs can perform essential fieldwork that lawyers cannot, such as:
- Interviewing neighbors and known associates: Following leads from the decedent’s last known contacts.
- Checking local shelters and hospitals: Searching for heirs who may be experiencing homelessness or illness.
- Reviewing jail and court records: Tracking individuals through the criminal justice system.
If these efforts still fail, the court may appoint an Attorney Ad Litem to represent the interests of the missing heirs and verify that a diligent search was actually conducted.
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