How can I track down missing heirs for a Heggstad Petition?
A Heggstad Petition allows a successor trustee of a trust to claim property inadvertently left out of a trust.
Most commonly, Heggstad Petitions are used by successor trustees to claim homes or other real property that were listed in a decedent’s trust but were not properly deeded to the trust in a recorded document. But Heggstad Petitions can also be used to claim other property, such as bank accounts, investment accounts, and personal property that should have been included among the trust property.
Once your Heggstad Petition is filed, you have to give notice of the petition to anyone entitled to notice. In general, that includes any trustees or successor trustees, any beneficiaries, and any heirs of the decedent. If you do not know any of those people, it is time to put on your detective hat.
Where to look
Start with any friends or family of the missing heirs. When was the last time they saw or heard from the heir? Where is the last place that the lost heir lived? Do they know any of the lost heir’s acquaintances or employers?
Search on social media. Make sure to cover all of the major social media networks and keep track of any hints or clues that prove you have the right person. Check for similar pictures, networks of similar people, and similar descriptive details.
Check Public Records. If you know that an heir lived in a particular county, you can search the property records in that county for any sign of your missing heir. Find the appropriate county recorder’s office and call or e-mail for instructions on how to search public ownership records.
Check the White Pages. Search local and national listings for numbers associated with your missing heir’s name. Call any numbers that seem fruitful and keep notes on your search.
Follow-up with any Family, Friends, Acquaintances, or Employers. If, throughout this process, you come across anyone who knew the missing heir, make sure to keep notes about your conversations with each of them. Speak with previous employers and ask for any assistance finding the missing heir.
Hire a Private Investigator. If all else fails, a private investigator can be hired to do a thorough investigation search for the missing heir. But this process can be expensive, sometimes several thousand dollars.
When an heir cannot be found
If a diligent search fails, ask the court early for an order on how to give notice. The court can dispense with notice or direct another method, but only on a declaration that shows a real search: who you asked, which records you checked and when, and what each step turned up. (Prob. Code, § 1212; Cal. Rules of Court, rule 7.52.) Judges read these declarations closely, so keep dated notes from the start. A private investigator’s report makes the declaration much stronger.
If there is any leg work you can do yourself, you’ll be well served by doing it up front.
Missing heirs are just one hurdle. Our Heggstad petition page covers the full process, from filing to final order. For who must be served and how, including lenders, banks and tenants, see Serving a Heggstad Petition.