San Antonio, TX asked in Probate for Texas

Q: Aunt died in 86; left a will but never probated. She left everything to son and residuary to the niece. Cant find son.

What happens to the inheritance of the son if he cannot be found?

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The Will can still be submitted to court for probate (proving that it is the Will of the person who died) by someone who did not know of it earlier. The court will require you to hire a PI to find the beneficiary. If the PI cannot find him, the court will require you to publish in the newspaper. It is very, very unlikely that the property will pass to the niece.

Even if no one can submit the Will for probate, an Affidavit of Heirship will name the son (and his siblings, if any), not the niece.

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