Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance tailored to your situation.
Detailed Answer
In Ohio probate administration, a personal representative must perform a thorough, documented search before notifying the court that no additional heirs exist. Courts require evidence of “due diligence” to ensure unknown heirs have a fair chance to claim an interest in the estate. Key steps include:
- Gather Family Information: Review the decedent’s will (if any), family Bible, letters, and personal papers. Ask close relatives for names, dates of birth, marriages and last known addresses.
- Search Public Records: Examine vital records (birth, marriage, death certificates), county deed and court files, census records, Social Security Death Index, and online genealogical databases such as Ancestry.com or FamilySearch.
- Contact Known Relatives: Reach out to siblings, children, nieces, nephews and other close kin. Document all communication attempts, including voicemail, email and text messages.
- Mail Notice by Certified Mail: Send a formal notice to each potential heir at their last known address, using certified mail with return receipt. Save returned receipts and unopened mail as proof.
- Publish Notice in Newspaper: If a potential heir’s address is unknown or certified mail returns undelivered, petition the probate court for permission to publish notice. Ohio law authorizes publication in a newspaper of general circulation in the county for three consecutive weeks per Ohio Rev. Code § 2117.06 and Ohio Sup. Ct. Prob. R. 73.01.
- Post Notice at Courthouse: Some courts require posting a notice on the probate court bulletin board for at least 30 days. Check local court rules for specific posting requirements.
- File an Affidavit of Due Diligence: Prepare and file an affidavit listing all search efforts, dates, resources used and outcomes. Attach copies of mail receipts, publication proofs and any returned mail.
Helpful Hints
- Keep a detailed log of dates, names, methods of contact and search results.
- Use both online and offline sources: genealogy sites, local historical societies and county archives.
- Consider hiring a professional genealogist or private investigator for hard-to-find heirs.
- Verify addresses via the U.S. Postal Service’s National Change of Address registry or an address-verification service.
- Review nonprobate assets (e.g., joint accounts, payable-on-death designations) for additional leads.