Disclaimer: This article is for general informational purposes and is not legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
Under South Carolina law, a personal representative must use reasonable diligence to locate and notify all heirs—including those not named in the will or whose identities are initially unknown. While the South Carolina Probate Code does not prescribe a step-by-step checklist, courts and practitioners rely on established best practices and case law. Below are common measures that demonstrate due diligence in probate administration.
1. Review the Decedent’s Personal Records
Start with original documents: the decedent’s will, letters, diaries, family Bibles, social media profiles, address books, and tax returns. These sources may list relatives or references to potential heirs.
2. Search Public Records
Examine vital records—birth, marriage, divorce, and death certificates—available through the South Carolina Department of Health and Environmental Control. Check county deed books, probate filings, and obituaries. Property records often list co-owners or next of kin.
3. Utilize Genealogical and Online Databases
Services like Ancestry.com, FamilySearch.org, and the Social Security Death Index can reveal family relationships. Public social media profiles may highlight living relatives. Broad searches reduce the risk of overlooking heirs.
4. Hire Professional Assistance When Necessary
If the family tree is extensive or international, retaining a professional genealogist or private investigator can satisfy the court’s requirement for thorough investigation.
5. Publish Notice of Administration
South Carolina law requires publication of a Notice of Administration to alert unknown heirs and creditors. See SC Code § 62-3-801 on notice procedures (SC Probate Code §62-3-801). Publication in a local paper of general circulation serves as constructive notice to unknown heirs.
6. Send Direct Notice to Known Heirs
Mail written notice to all known heirs and beneficiaries at their last-known addresses. The court may deem notice valid if sent by certified mail, return receipt requested.
7. File an Affidavit or Certificate of Due Diligence
Document each search effort in an affidavit or certificate filed with the probate court. This record helps demonstrate that you met your duty to locate and notify interested parties.
8. Allow Statutory Claim Periods to Expire
Under SC Code § 62-3-801(d), unknown heirs have two years from the date of publication to assert a claim. After this period, the estate may be distributed free of future claims, provided due diligence was proven.
Helpful Hints
- Keep meticulous records of every search step, including dates, methods, and results.
- Use a combination of online and in-person research for broader coverage.
- Check local libraries, historical societies, and archives for older newspapers or non-digitized records.
- Consult the probate clerk about specific newspaper requirements in your county.
- Regularly update the court on your progress to avoid delays in estate administration.