Does an executor have full and complete discharge if they cannot find one of the heirs?

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Does an executor have full and complete discharge if they cannot find one of the heirs?

We have put a notice in the paper after probate was up, looked for her and called old phone numbers. The family has not heard from her in years. There’s no money in the estate and the home needs to be sold so we can pay taxes.

Asked on January 14, 2013 under Estate Planning, South Carolina

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

Your attorney should know how tro proceed by a petition to have the heir declared missing and obtain an order to that effect, so as to allow a sale and distribution of the proceeds from the sale of the residence. Consult your legal counsel to assist you.


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