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Bookmark or Share- Can You Proceed with Probate with Missing or Unknown Heirs?Fortunately, you can do probate with unknown heirs in Texas. There are a few ways that a personal representative can search for missing or unknown heirs to move the process forward: filing an affidavit of heirs, requesting a determination of heirship, searching for the missing heirs, and/or publishing a notification in a newspaper to find the ...
- Determination Of Heirship & Independent Administration - Scanio LawAn attorney ad litem specifically tries to find any unknown heirs and does not represent the known heirs of the estate. An attorney ad litem may also be appointed to represent any known heirs who do not have the legal capacity to participate in the probate process.
- What if an Heir Cannot Be Located? - ProbateIt’s not uncommon for there to be missing heirs on occasion. Since this does happen, each state has enacted probate laws that outline what must be done if there is a missing heir and no one knows where to find him or her. While these procedures are rather similar, the deadlines vary by state.
- Applications to Determine Heirship | Texas Law HelpWhat if the names and locations of heirs are unknown? The court must appoint a lawyer—called an attorney ad litem —to represent the interests of heirs whose names or locations are unknown. Usually, an attorney ad litem's involvement is limited to the heirship determination proceeding.
- The Rights of Heirs-at-Law - The BalanceFinding Unknown Heirs . When it appears that someone has died without any known heirs-at-law, some states require that a special notice be run in the newspaper, alerting individuals to come forward if they believe they are related to the decedent.
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