Q: I am the executor of a probate case in Hidalgo county.I hired a search firm to find the primary heir.Nothing.What now?
Will written in 1985.I am secondary executor and heir.Primary heir was also executor.
A:
You should speak with an attorney who handles probate matters in Texas. I cannot tell from your question whether you have probated the Will or not. If the first executor is unavailable to serve, then you can step forward and probate the Will. If you have already probated the Will and you need to make a distribution to the primary heir, you can simply pay it into the Registry of Court for that individual to come claim. Eventually it may end up in unclaimed property down in Austin.
If the primary heir has been gone more than 7 years you may pursue a presumption of death action. Whether the primary heir's date of death is before or after the person who made the Will may impact what shares go to whom.
I will say again: you should speak with an attorney who handles probate matters in Texas.
Tammy L. Wincott agrees with this answer
A: Hire a local probate attorney to apply to probate the estate and present the investigator's report to the court along with evidence of publication of a Notice to Heirs. You might also consider hiring a certified genealogist to try to locate the missing heir.
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