Can an estate be administered with a missing heir? In many cases, yes. A missing heir is one who, although not on the record title, has inherited a portion of the title due to the death of an owner, but who cannot now be located. Florida law has a useful provision under a formal probate administration which allows the personal representative to deposit the share of a missing heir into the registry of the court after the property has been sold.

A missing heir is much different from a missing owner of record. If the missing person an owner of record and has not been declared dead by a court, the probate code does not apply and the situation is more complicated.

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