When an estate is opened, the heirs are identified. The notary has the necessary documents and, on the face of it, the administration of the estate can proceed. There is just one problem : one of the heirs cannot be found.
No one knows their current address. Their last known telephone number no longer works. Letters are returned to the sender. Sometimes, the last contact with the person was ten or twenty years ago.
In some cases, all we have to begin with is a small amount of information: a name, a date of birth and an old address. In others, the person has deliberately cut ties with their family and clearly no longer wishes to be found by their relatives. Yet the administration of the estate still needs to move forward.
How can this heir be found? Who can request such a search? How far can a private investigator go? And, most importantly, what happens to the address once it has been found?
Here is how an heir search works in practice.
Why can an heir sometimes become difficult to trace?
A person does not need to have mysteriously disappeared to become difficult to find.
Someone may leave one town, then move to another region. They may move several times and take up new employment. They may change their telephone number or move abroad. A woman may change her surname following marriage or divorce.
A few years later, the contact details held by the family may no longer lead anywhere.
Sometimes, however, the break in contact is deliberate. The person may have decided to end all contact with certain members of their family and may not have given anyone their new address.
Who can request a search for an heir?
Tracing people is a regular part of our work at Agora Détectives.
We handle approximately forty missing-person and tracing cases each year.
In the context of an estate, the request may come from another heir or relative, the notary responsible for administering the estate, or a solicitor.
What information do we need to get started?
Imagine that you contact us and say:
“I am looking for Jean Dupont. We have not heard from him for fifteen years.”
That is a starting point. However, it is not enough to establish with certainty which Jean Dupont we are looking for.
We therefore try to reconstruct the person’s identity and history using the information available to you.
A date of birth. A place of birth. A previous address. An old telephone number. An occupation held several years ago. The approximate date of the last contact. Even old information can prove useful when cross-referenced with other details.
With only a first name and surname, we may be faced with dozens of people with the same name.
With a full identity and a confirmed date of birth, it becomes much easier to eliminate false leads.
How does the search work in practice?
This is probably the part of our work that generates the most curiosity.
And no: finding someone is not simply a matter of entering their name into Google.
We begin by establishing what we know for certain. We then work progressively from there.
An old address may lead to new information. A previous occupation may help us rule out someone with the same name. Every lead must be cross-checked.
Are we certain that we have identified the right person?
What is the legal framework for tracing an heir?
The fact that it is possible to find someone does not mean that anyone can instruct an investigator to search for any person.
In inheritance matters, the investigation must take place within a specific legal framework.
Article 36 of French Law No. 2006-728 of 23 June 2006 provides that, except in certain specific cases involving vacant or unclaimed estates, a search for heirs requires instructions from a person with a “direct and legitimate interest” in identifying the heirs or administering the estate.
Before beginning any investigation, we must therefore understand why the person is being sought.
In the context of an estate, the purpose is generally clear: to enable the notary to contact the heir so that the administration of the estate can proceed.
The assignment is then formalised in writing. The written instructions specify, in particular, the purpose of the search, its objective, the person to whom the results may be disclosed and the fees involved.
There is also another fundamental limitation: respect for privacy. The investigation must remain proportionate to the objective being pursued.
How long does it take to find an heir?
In a straightforward case where we have a confirmed identity and sufficiently reliable information from the outset, the search generally takes around one to two weeks.
However, no two investigations are the same.
Now imagine that the heir left France fifteen years ago, has since changed their name, and the only known address dates back twenty years. The search will naturally be more complex.
How much does an address search cost?
Again, this depends on the information available at the outset.
As a practical example, a straightforward search based on reliable initial information may cost €450 excluding VAT.
This is an example rather than a fee automatically applicable to every case. The complexity of the search and the quality of the information available may affect the cost.
For this reason, a quotation is always provided before the investigation begins.
A private investigator is subject to an obligation to use reasonable endeavours rather than an obligation to achieve a specific result: our role is to carry out the necessary enquiries, but we cannot guarantee in advance that the person will be found.
We have found the heir: do we disclose their address to the family?
This is probably the most important question in this article.
And the answer is: not necessarily.
Consider a particularly sensitive case.
A woman deliberately ended all contact with her family several years ago. Following a death, she becomes an heir. Her family wishes to find her so that the estate can be administered.
Our enquiries enable us to establish her current address.
Should we automatically disclose that address to the other members of her family?
No.
In an inheritance matter, one solution may be to provide the contact details directly to the notary or solicitor responsible for the proceedings.
The legal professional can then contact the heir, inform them of the existence of the estate and obtain their instructions. The administration of the estate can therefore proceed.
However, the heir’s private address does not necessarily need to be disclosed to the family.
Most importantly, the heir remains free to decide whether or not they wish to resume contact with their relatives.
FAQ - Tracing an Heir
Can a private investigator find an heir’s address?
Yes, provided that there is a legitimate reason for the search and that it is carried out within the appropriate legal framework. In inheritance matters, the assignment is formalised by written instructions and the investigation must respect the privacy of the person being sought.
How much does it cost to trace an heir?
A straightforward search based on reliable initial information may cost €450 excluding VAT. However, the price depends on the complexity of the case, and a quotation is provided before any work begins.
How long does it take to find an heir?
For a straightforward case involving a confirmed identity, the search may take approximately one week. A search involving people with the same name, changes of name or a move abroad may take longer.
Can a notary instruct a private investigator?
Yes. Legal professionals may instruct a private investigator to locate an heir, a person involved in legal proceedings or a debtor.
Will the heir’s address be disclosed to their family?
Not necessarily. Depending on the circumstances of the assignment, the address may be disclosed only to the notary or solicitor, allowing them to contact the heir directly.
Can you trace an heir who has moved abroad?
Moving abroad may make the search more complex and increase the time required, but it is one of the difficulties that can be dealt with in this type of investigation.
Can I instruct Agora Détectives without visiting your office?
Yes. Communications, document transmission, quotations, signature of the written instructions and delivery of the results can generally all be handled remotely.
