Purchasing land with multiple (40+) and missing heirs

[Megan Thomas]

Hello BP! I'm interested in purchasing a property with multiple heirs. Currently, 44 heirs have been located and have agreed to sell their portion, BUT there are a few heirs that no one has been able to get in contact with. My question is, would it be possible to get a clear title on this property if I were to purchase it, then use an attorney to have the cloud (unreachable heirs) removed? Ultimately, I would want to be able to subdivide and sell. Does anyone have experience or knowledge on this type of purchase? Is this doable? What other details I would need to consider?

Any information would be so greatly appreciated!

[Megan Thomas]

Quote from @Account Closed:

Quote from @Megan Thomas:

Hello BP! I'm interested in purchasing a property with multiple heirs. Currently, 44 heirs have been located and have agreed to sell their portion, BUT there are a few heirs that no one has been able to get in contact with. My question is, would it be possible to get a clear title on this property if I were to purchase it, then use an attorney to have the cloud (unreachable heirs) removed? Ultimately, I would want to be able to subdivide and sell. Does anyone have experience or knowledge on this type of purchase? Is this doable? What other details I would need to consider?

Any information would be so greatly appreciated!

There is a process for the Personal Representative to Publish, which “alerts all persons” who may have a claim, creditors, heirs etc. But in some jurisdictions the PR can actually sell the property, then escrow the funds until the court is convinced all heirs and creditors have been located, notified and/or Published. Once the court approves, the funds can be disbursed. But, the property has already been sold. Selling the property, in some jurisdictions, isn't reliant on all heirs first being notified. Check with the probate attorney doing the probate.

 Hi Ken,

Thanks so much for the info! That makes perfect sense and is the kind of information I'm looking for. Sounds like my next step is the probate process, if it hasn't been done yet (everyone keeps mentioning it, so sounds like it's pretty important!) I've got a lot still to learn. Thank you for your help thus far!!