What to Do When There Is a Missing Heir in Louisiana Probate 
Handling a loved one’s estate after their passing is already a complex process, but what happens when an heir is missing? In Louisiana, all heirs must be identified before an estate can be properly distributed. If an heir cannot be located, it can delay the succession process. However, there are legal steps and options available to resolve the situation.
Step 1: Confirm That the Heir Is Actually Missing
Before taking legal action, it’s important to make a diligent effort to locate the missing heir. This includes:
- Checking known addresses, phone numbers, and email contacts.
- Contacting other family members or close friends.
- Searching online databases, social media, and public records.
- Consulting an investigator or professional heir finder if necessary.
If the heir is simply out of touch, they may be found with some persistence. However, if they cannot be located, the estate will need to proceed through legal channels.
Step 2: Determine the Missing Heir’s Share of the Estate
The next step is to establish what portion of the estate belongs to the missing heir. If there is a will, the document will dictate the inheritance. If there is no will, Louisiana’s intestate succession laws determine the heir’s entitlement.
Step 3: Determine a Legal Strategy
If an heir is truly missing, you need to give some thought on how to proceed. Options include:
1. Take Ownership of the Assets as Co-Owner with the Missing Heir
If you do not plan on selling the property and just want to keep it, you can elect to simply have titles transferred into all heirs’ names, including the missing heir. However, if you decide later to try to sell the property, you will run into problems unless the missing heir can be found, and they are willing to cooperate.
2. Place the Estate Under Administration and Sell the Asset
To avoid the problems of co-owning something with someone who is missing, you could instead have an administrator appointed over the estate assets and then sell the property. You could sell it to a third person or potentially buy the full interest of the property from the estate so that you have full ownership and can do what you want with the property without having to locate the missing heir. The missing heir’s portion of the sales proceeds can be placed in a court-supervised trust or escrow account until they are located. This prevents delays in distributing the rest of the estate while preserving the missing heir’s rights.
3. Declaring the Heir Legally Dead
If an heir has been missing for a long time, the court may declare them legally dead under Louisiana law. This requires proof that the person has been missing for at least five years without any sign of life. Once an heir is declared absent, the heirs of that person can step into their place to receive the inheritance. However, if the missing heir reappears later, they may have legal rights to reclaim their portion.
4. Escheat to the State
As a last resort, if no heirs can be found and no rightful claimant appears, the inheritance may escheat (reversion of property to the state) to the State of Louisiana. This is rare but can happen when no heirs are available.
Why You Need an Attorney
Dealing with a missing heir in probate requires careful legal action to ensure the estate is handled correctly. An experienced succession attorney can:
- Conduct the necessary legal searches.
- Petition the court for appropriate action.
- Ensure the estate is distributed lawfully without unnecessary delays.
If you’re handling an estate with a missing heir, our firm can guide you through the process and help protect everyone’s rights. Contact us today to discuss your options.
