Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.
1. Understand Your Role and Legal Requirements
As the estate administrator, state law requires you to locate all heirs entitled to notice of probate. Under Oklahoma law, after you file for administration, the court may order you to give notice by mail or by publication if an heir’s whereabouts are unknown. See 58 O.S. § 211.
2. Gather and Organize Known Information
Start with the decedent’s personal records: birth certificate, marriage license, military records, prior wills, tax returns and address books. Compile a list of names, last known addresses and any family relationships.
3. Conduct Public Records Searches
- Vital Records: Request birth, marriage and death records from the Oklahoma State Department of Health.
- Property Records: Search county clerk records for deeds and mortgages.
- Probate Records: Review previous probates for overlapping family names.
- Voter and Motor Vehicle Registries: Check the Oklahoma State Election Board and Department of Public Safety for current addresses.
4. Use Professional and Online Resources
- Genealogical Databases: Services like Ancestry.com or FamilySearch can reveal family trees and public notices.
- Private Investigators: Licensed investigators can execute skip-tracing or certified mail searches.
- Social Media and Networking Sites: Facebook, LinkedIn and local online groups often reconnect lost family members.
5. File for Notice by Publication if Necessary
If after diligent inquiry you cannot locate an heir, file a motion with the probate court to publish notice in a local newspaper. Publication typically runs once weekly for three consecutive weeks. This complies with 58 O.S. § 211.
6. Verify Heirship Before Distribution
Once you identify potential heirs, obtain sworn statements or affidavits confirming their relationship to the decedent. Oklahoma law allows the court to accept oaths of heirs under 58 O.S. § 212. Keep copies of IDs, birth certificates and any other proofs of identity or kinship.
7. Document All Efforts
Maintain a log of dates, methods used and results of your inquiries. Courts review your diligence when you petition for final discharge of the estate.
Helpful Hints
- Start your search early to avoid delays in probate.
- Use multiple sources—public records alone rarely suffice.
- Engage a local probate attorney if you encounter complex family trees.
- Keep communications clear and professional—avoid making promises you can’t guarantee.
- Retain all records for at least three years after estate closure.