Disclaimer: The information in this article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Michigan for advice on your specific situation.
Detailed Answer
When a personal representative (administrator) has limited information about potential heirs in Michigan, state law guides the process of locating and verifying beneficiaries. Under the Estates and Protected Individuals Code (EPIC), the administrator must make reasonable efforts to identify and serve all interested parties.
1. Review Decedent Records and Clues
Begin by examining any documents the decedent left behind, such as wills, trusts, letters, tax returns or address books. These materials may list family members, former addresses or other hints to build a family tree.
2. Search Public and Vital Records
Obtain certified copies of birth, death and marriage records from the Michigan Department of Health and Human Services. You can use these records to confirm names, dates and family relationships. Many counties also provide online property, probate and court record searches.
3. Use Genealogical Resources
Genealogy databases (e.g., Ancestry.com, FamilySearch) and public archives can fill gaps. Census records, obituaries and local newspaper archives often reveal relatives’ names and locations.
4. Service by Publication
If the administrator cannot locate heirs with due diligence, Michigan law allows notice by publication. Under MCL 700.3705, the court may direct the administrator to publish a notice in a newspaper where the decedent last resided. This step helps alert unknown heirs to the probate proceeding. Link: MCL 700.3705.
5. Petition the Court for Determination of Heirs
After reasonable efforts, file a petition with the probate court to determine heirs. The court may schedule a hearing and require interested persons to provide documents proving their relationship to the decedent. The court’s finding of heirship finalizes the list of beneficiaries.
Helpful Hints
- Keep a detailed log of searches and methods used to locate heirs.
- Contact the probate court clerk early to learn local rules and fee schedules.
- Consider hiring a professional genealogist or heir locator when records prove difficult.
- Use social media and online people-finder tools judiciously.
- Verify each potential heir by obtaining certified vital records before distributing assets.