Probate administration in Massachusetts requires a personal representative to locate and inform all heirs, including those unknown at the outset. You follow a structured process under the Massachusetts Uniform Probate Code (MUPC) to meet this requirement.
Detailed Answer
Under Massachusetts law (M.G.L. c. 190B), a personal representative must exercise due diligence to identify and notify all heirs. The key steps include:
- Reviewing public records and family documents. Begin with the decedents will, death certificate, marriage and birth records. Check county registrar and Probate and Family Court filings for family relationships. (MUPC 1 2-103)
- Contacting known relatives. Interview spouses, adult children, siblings or close friends. They may identify other heirs or provide leads on missing relatives.
- Searching genealogical and online databases. Use Ancestry.com, FamilySearch.org and state archives to trace family trees. Check Social Security Death Index and local obituary archives.
- Hiring professionals when needed. Engage a private investigator or professional genealogist for complex families or when leads dry up.
- Mailing notice to discovered heirs. Send a statutory notice by first-class mail to each heirs last-known address. Include information on filing claims or contesting the estate. (MUPC 1 2-104)
- Publishing notice for heirs with unknown addresses. If you cannot locate an heirs address after reasonable effort, publish a notice in a newspaper of general circulation in the decedents last residence. (MUPC 1 2-105)
- Filing proof of diligence with the Probate Court. Document your search methods and results. File an affidavit or certificate of service to prove you met statutory requirements and protect the estate from later claims.
Failing to conduct proper diligence can lead to court delays, additional costs, or personal liability for overlooked heirs. The court may surcharge the personal representative for any losses heirs suffer due to inadequate notice.
Helpful Hints
- Keep a written log of all searches, calls and correspondence.
- Use state and local vital records for accurate dates and relationships.
- Check multiple newspapers for publication notices if the decedent lived in different counties.
- Combine online and offline research: local libraries, historical societies and probate registries.
- Consult with probate court clerks on local notice rules and approved publication venues.
Disclaimer: This article provides general information on Massachusetts probate procedures. It does not constitute legal advice. For tailored guidance, consult a qualified attorney experienced in probate law.