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Statutory Framework for Notice to Unknown Heirs

Under Pennsylvania’s Decedents, Estates and Fiduciaries Code, a personal representative must identify and notify all heirs before distributing estate assets. When heirs remain unknown or cannot be located with due diligence, the representative must publish notice and perform other steps to satisfy statutory requirements.

Notice by Publication: 20 Pa.C.S. § 3141(b) requires that the representative publish a notice once a week for three successive weeks in a newspaper of general circulation in the decedent’s last county of residence. The notice alerts any unknown or missing heirs to present their claims.
20 Pa.C.S. § 3141

Notice by Mail: 20 Pa.C.S. § 3142 requires first-class mail notice to all known heirs and creditors. While this section applies to known persons, it underscores the need to research and compile an accurate heir list.
20 Pa.C.S. § 3142

Defining “Due Diligence” in Practice

“Due diligence” means making a reasonable and systematic effort to locate heirs using readily available resources. Courts look for documented searches that show the representative acted in good faith. Reasonable steps include:

• Reviewing decedent’s personal papers for family contacts (letters, address books).
• Searching public records: birth, marriage, death certificates, land deeds, probate filings.
• Consulting online databases, census records and genealogical sites.
• Contacting known family members, close friends, employers and the decedent’s attorney or accountant.
• Posting on social media or genealogical forums when appropriate.
• Hiring a professional genealogist or heir-location service if initial searches fail.

Practical Step-by-Step Process

1. Gather Initial Data: Collect decedent’s vital records, last will, and all available family information.
2. Search Public Records: Use county clerk offices, state archives and online repositories.
3. Contact Family and Associates: Speak with relatives, friends, neighbors and co-workers.
4. Publish Notice: File notice in a local newspaper as required by 20 Pa.C.S. § 3141.
5. Mail Notices: Send first-class mail to all persons identified through research.
6. Document Everything: Keep copies of all searches, letters, publications and responses.
7. Report to Court: File an affidavit detailing your due diligence efforts as part of the probate record.

By following these steps and documenting each effort, a personal representative demonstrates due diligence and reduces the risk of future challenges.

Helpful Hints

• Maintain a detailed activity log with dates and sources searched.
• Use multiple independent databases to cross-verify information.
• Consider newspaper archives beyond the immediate locality.
• Keep digital and paper copies of all notices and correspondence.
• Check probate filings in adjacent counties if the decedent moved shortly before death.
• Update the court promptly when a new heir comes forward after publication.

Disclaimer: This article provides general information on Pennsylvania probate procedures. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.