Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Due Diligence for Unknown Heirs
In Montana probate administration, due diligence requires a systematic effort to find and notify all potential heirs whose identities or locations are unknown at the outset. The personal representative must exhaust reasonable means before publishing notice under MCA § 72-3-313. This ensures fair distribution of the estate and compliance with state law.
Key Steps in Due Diligence
- Review decedent’s records: bank statements, tax returns, prior wills, and personal papers.
- Search public records: property deeds, court filings, birth and death certificates, and marriage licenses.
- Contact close relatives: spouses, children, siblings, and extended family members for potential leads.
- Use professional services: genealogists, private investigators, or skip-tracing agencies when family leads run dry.
- Check social media and online databases for current addresses or contact information.
- Verify identities: confirm relationships and death dates through official documents.
Notifying Unknown Heirs
Once reasonable searches produce no contact information, the personal representative may proceed with notice by publication. Montana law requires:
- Publication in a newspaper of general circulation in the decedent’s last known county for at least three consecutive weeks (MCA § 72-3-313).
- Filing an affidavit of publication with the court to establish notice was given.
If an unknown heir appears after publication, they typically have four months from the date of first publication to petition the court for their share (MCA § 72-1-210).
Helpful Hints
- Document all search efforts, including dates, sources, and outcomes, to show courts you met your due diligence obligations.
- Keep a detailed timeline of contacts and publication dates.
- Consider local genealogy societies or online ancestry platforms for hard-to-find relatives.
- Consult court rules for required notice formats and deadlines.
- Seek early legal guidance if multiple unknown heirs or complex family trees arise.