Omar Bennett
When a person dies, their assets are distributed according to their will, or in the absence of a will, according to the law of intestacy. Intestacy laws generally distribute property to immediate family members, usually the surviving spouse and children. However, complications can arise when a will is involved, and one or more heirs to the estate cannot be located. In such cases, the administrator or executor of the estate must exercise due diligence and make reasonable attempts to locate the missing heir. This involves more than just checking the last phone number, address, or email address available for the heir. It includes contacting known family members, searching social media and other internet sources, using people search engines, and posting notices in newspapers. If the heir cannot be found by all reasonable means, the inheritance may go unclaimed or eventually escheat to the state.
| Characteristics | Values |
|---|---|
| Calling known phone numbers | Reasonable efforts |
| Mailing notice of probate to the last known address | Reasonable efforts |
| Contacting known family members | Reasonable efforts |
| Searching through social media sites and other internet sources | Reasonable efforts |
| Using people search engines | Reasonable efforts |
| Posting a notice in the newspaper | Reasonable efforts |
| Documenting dates on which contact was attempted | Reasonable efforts |
| Recording the methods used to attempt contact | Reasonable efforts |
| Noting any activities conducted to attempt to find and locate the heir | Reasonable efforts |
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What You'll Learn
Contacting other relatives
When an heir to an estate cannot be found, the administrator must undertake reasonable efforts to locate them. This includes contacting known family members to see if they have relevant information. This means getting in touch with relatives of both the decedent and the missing heir.
If the property in question is quite valuable, reasonable efforts may require more expertise to satisfy due diligence requirements. The administrator of the estate can ask the court to make a preliminary distribution of assets to beneficiaries and heirs who have been located, even if the final beneficiary or heir cannot be found. The missing heir's property will likely be held in trust for a certain period, during which they can turn up and claim it. If strong proof is presented that the missing heir is deceased, other heirs and legatees may petition the court for the release of the assets.
If all of a decedent's heirs are deceased or cannot be found by all reasonable means, the inheritance will go unclaimed. When there is no direction from the will concerning what to do with an inheritance and there are no family members to inherit, the property will eventually escheat to the state. The state will take possession of the assets and do with them as they see fit. If the heir shows up years later, they may file a petition to get the value of their unclaimed property back from the state.
It is important to document the dates on which attempts to contact the heir were made, the methods used, and any activities conducted to attempt to locate them. The probate court will likely require proof that every reasonable effort was made to find and contact the heir and that due diligence was exercised.
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Looking up addresses
When it comes to looking up addresses as part of conducting a diligent search for a decedent's will, there are several steps that can be taken. Firstly, it is important to understand the concept of "reasonable efforts" or "due diligence", which entails more than just checking the last-known phone number, address, or email of the heir. Looking up addresses can be an important part of this process, and here are some ways to go about it:
- Contact other relatives: Start by reaching out to known family members of the decedent and the missing heir. They may be able to provide updated addresses or other relevant information that could aid in locating the heir.
- Search public records: Conduct a search through public data and records to try to find the heir's current address. This may include property records, voter registration lists, or other publicly available information.
- Previous addresses: If you have access to previous addresses of the missing heir, it may be worth visiting those locations or speaking to current residents to see if they have any forwarding information or knowledge of the heir's new whereabouts.
- Mailing notices: Send a letter or notice of the probate issue to the heir's last known address. This demonstrates your effort to make contact and can be documented as part of your due diligence process.
- Court permission: Before incurring any expenses related to your search, be sure to obtain permission from the court. Spending estate funds on the search efforts may require prior approval, and the court can provide guidance on what constitutes reasonable steps.
It is important to document all your efforts, including dates, methods used, and any relevant activities. This documentation will be valuable if you need to demonstrate to the probate court that you exercised due diligence in attempting to locate and contact the missing heir. Remember to also explore other search methods mentioned in our previous response, such as utilising people search engines, social media sites, and local newspaper advertisements.
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Searching public data
Public records can be a useful source of information. For example, a decedent's will becomes a public record when it is filed with the clerk of court after their death. Therefore, searching public records for a copy of the will is a reasonable step to take. This could involve searching through court records and other public documents to try and locate the will.
In addition to searching for the will itself, searching public data can also help to locate heirs. Public records such as property records, birth and death certificates, and marriage licenses can provide information about potential heirs and their relationship to the decedent. Searching through these records can help to identify any unknown heirs and their contact information.
Furthermore, public data searches can also involve looking up addresses and conducting online searches. This includes searching through social media profiles and other internet sources to locate both the will and any heirs. Public data searches can also be used to verify information and cross-reference with other sources to ensure accuracy.
Overall, searching public data is an important aspect of performing due diligence in the search for a decedent's will and heirs. It involves searching through court records, public documents, and online sources to locate the necessary information and fulfil legal requirements.
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Documenting attempts to contact the heir
When it comes to documenting attempts to contact an heir, it's important to remember that the executor or administrator of the estate is responsible for acting with due diligence and making reasonable attempts to locate and contact the heir. This involves more than just checking the last phone number, address, or email address on file.
- Communication Channels: Call known phone numbers and send emails to all email addresses associated with the heir. Be sure to document the dates and times of these attempts, as well as any responses or outcomes.
- Postal Mail: Send a mailed notice of the probate issue to the heir's last known address. Keep a copy of the letter and any return receipts or delivery confirmations.
- Online Search: Conduct an extensive online search, including social media sites and other internet sources. Document the websites and platforms you searched, as well as any relevant information or leads you discovered.
- Newspaper Notice: Publish a notice in a local newspaper, advertising the probate case for a certain period. Keep a copy of the published notice and any responses received.
- Contact Friends and Family: Get in touch with the friends and family of both the decedent and the missing heir. Ask if they have any information or alternative contact methods for the heir. Take notes on these conversations and keep a record of the dates and content of these discussions.
- Public Data and Records: Look up addresses and search through public data and property records. This may include searching for addresses associated with the heir or conducting people searches.
- Court Permission: If you plan to spend estate funds on more extensive searches, such as hiring a private investigator, be sure to obtain court permission first.
Remember, the court may require you to submit proof of your efforts, so it's essential to keep detailed records of all your attempts to contact the heir. The court will ultimately determine whether your efforts constitute reasonable diligence in searching for the decedent's will.
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Consulting state laws
In the context of estate administration, reasonable diligence refers to the efforts made by the administrator or executor to locate heirs, beneficiaries, or a decedent's will. This process is crucial to ensure that the estate is distributed according to the wishes of the decedent and in accordance with the law. State laws can provide guidance on the specific actions that administrators or executors must take to demonstrate reasonable diligence.
For example, reasonable efforts may include contacting known phone numbers, mailing notices to the last known addresses, and reaching out to known family members of the decedent. Additionally, searching through social media sites, using people search engines, and posting notices in newspapers are also considered reasonable steps. State laws may provide a comprehensive list of these actions, ensuring that administrators or executors follow a thorough process in their search.
In cases where heirs or beneficiaries cannot be located, state laws can offer guidance on the next steps. For instance, administrators may be advised to transfer the allocated amount to the County Controller or request the probate court to declare the missing heir or beneficiary as deceased for probate purposes. Understanding these state-specific guidelines is crucial for ensuring the proper distribution of the estate.
It is important to note that the definition of "reasonable" may vary depending on the value of the property involved. If the property is quite valuable, reasonable efforts may require a higher level of expertise and a more comprehensive search process to satisfy due diligence requirements. Consulting state laws can help administrators or executors understand the specific standards and expectations for reasonable diligence in such cases. By adhering to state laws and guidelines, administrators or executors can ensure that they are taking the necessary steps to locate the decedent's will and distribute the estate appropriately.
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Frequently asked questions
Reasonable attempts to locate a missing heir include contacting other relatives, looking up addresses, or searching through public data to try and find their whereabouts.
Reasonable diligence in searching for a decedent's will includes contacting known family members, calling known phone numbers, mailing notices of probate issues to the last known address, searching through social media sites, and posting a notice in the newspaper.
If an heir cannot be found, the inheritance will go "unclaimed". The property will eventually escheat to the state, and the state will take possession of the assets. If the heir shows up later, they can file a petition to get the value of their unclaimed property back.
If the will cannot be located, the estate will be distributed according to the laws of intestacy, which provide the rules for distributing property belonging to people who die without a valid will.
