Detailed Answer: Due Diligence for Identifying and Notifying Unknown Heirs in Maryland Probate
When a decedent’s personal representative (PR) opens probate in Maryland, the PR must locate and notify all heirs before distributing assets. Maryland law requires the PR to exercise “due diligence” in identifying unknown heirs and, if necessary, to use alternative notice methods.
1. Statutory Mailing Requirements to Known Heirs
Under Md. Code Ann., Estates & Trusts § 3-103, the PR must mail a Notice of Administration to the decedent’s spouse and each known distributee. The notice must go by certified or registered mail, return receipt requested.
2. Steps to Identify Unknown Heirs
If a distributee is unknown or cannot be located, the PR should document all reasonable efforts, including:
- Reviewing the decedent’s personal records: diaries, address books, family Bibles, social media profiles.
- Searching public records: birth certificates, marriage licenses, property deeds, court filings.
- Consulting online databases: genealogy sites, social-network archives, obituary aggregators.
- Contacting extended family: relatives, close friends, or employers who may know of additional heirs.
- Hiring a professional genealogist or heir‐search firm if initial efforts fail.
3. Notice by Publication When Heirs Remain Unknown
If the PR cannot identify or locate all heirs after reasonable investigation, Maryland law allows alternative notice:
- Publish a Notice to Unknown Heirs once a week for three consecutive weeks in a newspaper of general circulation in the county of probate, per Md. Code Ann., Estates & Trusts § 7-103.
- File proof of publication with the probate court before distributing assets.
- If directed by the court, use Maryland Rule 2-121 for service by publication in a designated newspaper.
4. Court Petition for Service by Publication or Additional Relief
When heirs still cannot be found, the PR may petition the court for permission to proceed under a limited appearance or to deposit unclaimed funds with the Register of Wills. The petition should detail all search methods and attach affidavits of publication.
Helpful Hints
- Keep a detailed log of every search step and communication with potential heirs.
- Use certified mail to create a paper trail when notifying known heirs.
- Check state and local archives for newspaper notices, especially older records.
- Consider free resources at local genealogy societies and public libraries.
- If you hit a dead end, consult a probate attorney to avoid liability for improper distribution.