Personal representatives take responsibility for estate administration. Their obligations include securing and maintaining estate resources, contacting interested parties, managing probate proceedings and distributing resources appropriately.
In some cases, personal representatives have a relatively easy time identifying and communicating with the people who should inherit from the estate. If the decedent created an estate plan that names specific beneficiaries, then the people they selected inherit their property according to their instructions. However, a large percentage of adults do not have a will or other estate planning documents on record.
They die intestate, meaning that there is no written instrument to guide the descent of their property. In such cases, intestate succession laws apply to the estate. The personal representative must then identify the heirs of the decedent and distribute resources to them in accordance with state law.
How cam personal representatives identify the heirs of a person who died without a will?
By reviewing personal records
If the decedent has surviving immediate family members, their personal representative may already know them. Other times, the documents of the deceased individual can provide insight into their personal circumstances. They may have married previously and could have surviving children, even if they have long since divorced. They could have surviving parents or siblings living nearby. Trying to identify the extended family of the deceased individual is often the first step toward locating heirs and informing them of their rights.
By publishing an obituary
Personal representatives have an obligation to publish notice about probate proceedings for creditors. They may also want to consider running a more personal obituary in local newspapers, as well as releasing an online obituary for people to share on social media. Long-estranged family members may come out of the woodwork to express their condolences after learning of an individual’s passing. The publication of an obituary is one of the most effective ways to ensure that people learn about an individual’s passing before the completion of the probate process.
By working with professionals
An attorney supporting the personal representative can assist them with the process of looking for heirs. In some cases, they may even recommend a service intended to investigate an individual’s background and identify surviving family members. Personal representatives generally need to be fastidious in their attempts to locate and communicate with heirs. Otherwise, there could be major complications in the future, especially if the estate includes valuable assets, such as real property.
Knowing how to manage the probate process when a person dies without an estate plan is crucial for the protection of a personal representative. Heirs can be difficult to locate, especially if an individual does not have immediate family members living nearby. Personal representatives may need help locating and communicating with potential heirs as they fulfill their probate-related obligations, and that’s okay.
