Executorium.com Article based on an interview with Michael Zwick, CEO & Investigator-in-Chief, Assets international, LLC
Where Are the Heirs? What Every Executor Needs to Know About Beneficiary Searches
When administering an estate, one of the most unsettling questions an executor can face is:
Where are the heirs?
Or worse: Are there heirs we don’t even know about?
In a recent conversation on Executor’s Estate Talks, George “GE” Compton spoke with attorney-turned-private investigator Michael Zwick of Inherit More about the realities of heir searches, fiduciary risk, and why executors should think twice before attempting to handle complex beneficiary investigations on their own.
The Executor’s First Realization: You Have Options
Many executors initially assume they must personally track down missing heirs. After all, public records and online search tools are widely available.
However, as Michael Zwick explains, free resources often produce limited results. Professional heir search firms have access to:
- Proprietary investigative databases
- Archival and historical records
- Cross-jurisdictional data sources
- Advanced search methodologies
- Investigative experience that connects fragmented information
Importantly, in many cases heir search firms are compensated by located heirs—not the estate itself—reducing financial burden on the executor.
The key takeaway: You are not required to do this alone.
When Does an Estate Need a Beneficiary Investigation?
Heir searches become necessary in several common scenarios.
1. Unknown Heirs
Sometimes a decedent leaves no clear record of family relationships. Consider:
- The decedent died intestate (without a will).
- Known children predeceased the decedent.
- The decedent lacked capacity before death.
- Family relationships were estranged or undocumented.
In one case discussed, a Pennsylvania woman died in a nursing facility with approximately $5 million in assets. Her guardian did not know who her heirs were. A professional investigation uncovered the rightful beneficiaries.
Without that investigation, distribution could not lawfully proceed.
2. Known Heir — Unknown Location
In other cases, the executor knows who the heir is but cannot find them.
Families lose contact. People relocate frequently. Some names are extremely common, making identification difficult. Locating “Michael Smith” requires far more precision than searching for someone with a unique name.
If you know the heir exists but cannot locate them, distribution cannot simply ignore their share.
3. Complex Family Histories
Heir searches often require reconstructing family trees across decades, states, or even countries.
One case involved a man who died in Detroit with substantial bank assets but no known family. Investigation revealed:
- His surname had been changed after immigration.
- He had served time in prison.
- He had no children.
- He had a sister who relocated to Canada.
- The sister had three surviving children.
Those children ultimately inherited their uncle’s estate.
This type of genealogical and archival research is rarely straightforward—and often beyond the scope of a DIY effort.
The Fiduciary Risk Executors Cannot Ignore
The most critical issue is not convenience—it is liability.
An executor is a fiduciary. That means you have a legal duty to:
- The estate
- All heirs and beneficiaries
- The court
If you distribute estate assets incorrectly and a previously unidentified heir later appears, you may be personally liable.
This is not theoretical.
If an estate should have been divided into four equal shares (25% each) but was instead distributed to three heirs at one-third each, you may be required to personally fund the missing 25% if recovery from recipients is impossible.
That liability can attach years later.
Important Distinction: Unknown Heir vs. Unlocated Heir
Executors must understand the legal difference:
Identified But Unlocated Heir
If you know an heir exists but cannot locate them, their share is typically:
- Segregated
- Held in trust
- Deposited with the court, county, or state
You may not redistribute their portion to other heirs.
Unidentified Heir
If you fail to identify an heir entirely and distribute assets incorrectly, the risk escalates significantly. This is where fiduciary exposure becomes most severe.
Every State Is Different (And So Is Every Judge)
Estate administration varies by:
- State statute
- Probate court rules
- County-level practice
- Judicial expectations
Some judges require detailed proof of efforts to locate heirs before approving distribution. Others are less stringent—but that does not eliminate executor liability if an omitted heir emerges later.
There are written rules (de jure) and unwritten practices (de facto). An executor must be mindful of both.
Professional guidance—particularly from attorneys familiar with local probate courts—is often indispensable.
The Emotional Reality of Serving as Executor
Many executors are:
- Grieving children of the decedent
- Members of the “sandwich generation”
- Managing careers and families simultaneously
Serving as executor is frequently described as time-intensive and emotionally draining. It requires administrative precision at a time when clarity may be hardest to maintain.
Professional support—attorneys, accountants, real estate professionals, and heir search investigators—exists to reduce that burden.
Practical Guidance for Executors
If you suspect missing or unknown heirs:
- Do not assume you have identified everyone.
- Document your search efforts.
- Understand your state’s probate requirements.
- Consult probate counsel familiar with your jurisdiction.
- Consider professional heir search services when appropriate.
The cost of professional assistance is often far lower than the cost of fiduciary error.
Final Thought
Executors are not expected to be investigators, genealogists, and probate scholars simultaneously. But they are expected to fulfill their fiduciary duty.
When it comes to locating heirs, the central question is not simply “Can I do this myself?”
It is:
“Can I afford to be wrong?”
Michael Zwick holds a B.A. in Economics from Yeshiva University and a J.D. from the Benjamin N. Cardozo School of Law. He began his legal career with Honigman, Miller, Schwartz & Cohn and later practiced at Shermeta, Chimko & Kilpatrick in the Detroit area.
He founded his own practice in 1996 and began representing Assets International in 2001, assisting with fund recovery matters. In 2004, he joined the company as a partner and became President. In 2024, he transitioned to CEO & Investigator-in-Chief, where he leads beneficiary investigations and drives strategic growth initiatives.
Michael is licensed to practice law in Michigan and Florida, and a liscenced private investigator in several states. He is particularly committed to reuniting missing heirs with their rightful inheritances and enjoys spending his free time with his family.