Detailed Answer

Overview: When a parent who may be a next-of-kin cannot be located during probate in Oregon, the personal representative or an interested person must take steps to find the parent or to notify the court and other heirs about reasonable efforts to locate them. Oregon law sets out how heirs are identified and allows the court to permit substituted service (for example, notice by publication) after a diligent search. The steps below explain what to do, what the court expects, and where to look.

1. Confirm who counts as next-of-kin under Oregon law

Oregon’s intestacy and heir rules determine who the decedent’s statutory next-of-kin are. Check ORS Chapter 113 for how the court decides heirs and shares when someone dies without a valid will: ORS Chapter 113 — Intestate succession. If you are acting as a personal representative or petitioner, identify whether a missing parent is in the line of heirs and therefore must be found or adequately notified.

2. Conduct a diligent, documented search

The probate court expects a “diligent search” before allowing substitutes for personal service. Keep detailed records of each step and save copies of correspondence, call logs, and screen captures. Suggested search activities:

• Check vital records (birth, marriage, divorce, and death) with the Oregon Health Authority: Oregon Vital Records.
• Search Social Security, including requesting a Master Death File check from the Social Security Administration: ssa.gov.
• Search public records: county assessor and recorder (property ownership), tax records, voter registration, and DMV records (if you have lawful basis to request them).
• Search federal records if military service is possible: National Archives — Veterans’ Service Records.
• Use online people-search and public-record databases, social media (Facebook, LinkedIn), and obituary archives.
• Contact known relatives, friends, former employers, and local agencies (social services, assisted-living facilities, veterans’ services).
• Consider hiring a licensed private investigator for hard-to-locate relatives; they follow legal search methods and can provide affidavits of search efforts.

3. Follow probate filing and service rules in Oregon

If you must open probate or file a petition and a parent cannot be located, file the petition in the appropriate county probate court and list the missing parent as “unknown” or “address unknown” but include the last-known information. Oregon courts typically require proof of diligent search before allowing substituted service. The Oregon Judicial Department provides probate information and forms: Oregon Judicial Department — Probate.

Common court-authorized steps when a next-of-kin is missing:

• Service by publication: After demonstrating diligent search, the court may allow notice in a newspaper in the county where the decedent lived. Follow the court’s local rules about duration and affidavit requirements.
• Substitute service on another relative: In limited cases the court allows service on another family member if immediate notice to the missing person is impractical.
• Court appointment of an attorney or guardian ad litem: The court may appoint someone to represent the interests of the missing person or to protect the estate until the person appears.

4. Protect the estate while you search

Act to preserve the estate (secure property, maintain insurance, and allow necessary payments). If you are seeking appointment as personal representative, the court may require a bond or other safeguards when heirs are unknown or missing.

5. When to contact the court or get legal help

Contact the probate court clerk if you have questions about local filing steps or required affidavits of search. Because probate procedures, substituted service rules, and the court’s expectations differ by county and by the specifics of the case, consider consulting an attorney who handles Oregon probate. The Oregon State Bar provides public resources about hiring a lawyer: Oregon State Bar consumer pamphlets.

Checklist summary (what the court will want to see)

• Clear identification of the potential heir relationship under ORS Chapter 113: ORS Chapter 113.
• Documented, reasonable search efforts (dates, sources checked, copies of correspondence).
• Affidavits or declarations supporting the search and requesting substituted service if needed.
• Proof of publication or other court-authorized notice if personal service is impossible.
• Steps taken to protect estate assets while the search continues.

Final points

Finding a missing parent can delay probate, but careful documentation and correct use of Oregon’s procedures will help you move the case forward and protect the estate. When in doubt, get specific advice from a probate attorney in the county where the decedent lived. For general probate forms and local contact information, start with the Oregon Judicial Department’s probate pages: Oregon Judicial Department — Probate.

Disclaimer

This article explains general Oregon probate practice and is not legal advice. It does not create an attorney-client relationship. For advice about your situation, consult a licensed Oregon attorney.

Helpful Hints

• Start early — document every search step with dates, times, and copies of results.
• Ask county clerks about local publication rules before spending money on advertising.
• Use free resources first: social media, public records, and known relatives; reserve paid databases and investigators for harder cases.
• Keep estate assets secure and insured while the search continues to avoid losses and creditor problems.
• If the missing parent might be deceased in another state, check that state’s vital records and the Social Security Death Index.
• Preserve evidence of attempts at personal contact (registered mail receipts, phone logs, emails) — the court will want proof of your diligence.