Missing Legatee Fund
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MISSING LEGATEE FUND
The Wayne County Treasurer is required to accept deposit of and maintain a fund for monies given to them by a personal representative of a decedent estate under the following circumstances:
- A missing heir, devisee, trust beneficiary, or claimant.
- An heir, devisee, trust beneficiary, or claimant who will not accept money they are entitled to.
I am an heir, recipient under a will (a/k/a “devisee”), trust beneficiary, or claimant to an estate and the assets I was entitled to receive from an estate or trust were deposited with the Missing Legatee Fund. How do I get these funds?
- If you are the named person who was supposed to receive these funds, you must file a petition with the probate court to get an order directing the County Treasurer to pay you the money. The Petition and Order, pc586 can be used for this purpose and filed with the probate court. Once granted, a certified copy of the order must be provided to the County Treasurer. You do not need to reopen the probate case. If more than three years have passed since these funds were deposited with the Missing Legatee Fund, there is a chance they were already collected (see below).
I am an heir or recipient under a will (a/k/a “devisee) to an estate from which another heir or devisee was originally entitled to assets and those assets were deposited with the Missing Legatee Fund. Could I get these funds?
- If three (3) years have passed, the other heirs or devisees of the estate may go to the County Treasurer and obtain the missing legatee’s share if the estate closing order contained language specifically directing payment to them. There is no need to petition the probate court nor reopen the probate case.
- If three (3) years have passed and the estate closing order did not direct payment to the other heirs/devisees, the other heirs/devisees must file a petition with the court and obtain an order directing the County Treasure to pay them the funds. The Petition and Order, pc586.pmd can be used for this purpose and filed with the probate court. Once granted, a certified copy of the order must be provided to the County Treasurer. There is no need to reopen the probate case.
Rev. 5/2/2025