Disclaimer: This article is for general informational purposes and does not constitute legal advice.
Detailed Answer
Under Texas law, a personal representative must exercise due diligence when identifying and notifying heirs in a probate proceeding. Due diligence means taking all reasonable steps to locate individuals entitled to notice, including both known heirs and those whose identity or address remains unknown.
1. Reasonable Search Efforts
- Review decedent’s records such as wills, trusts, deeds, bank statements, tax returns and insurance policies.
- Examine public records: property deeds, marriage licenses, birth and death certificates, and court filings.
- Contact family members, friends, employers and clergy for leads.
- Search digital footprints: social media profiles and email correspondence.
- Consult online databases and genealogy services.
2. Affidavit of Diligence
If you cannot locate an heir after a diligent search, file an affidavit declaring your efforts. Document each search step, list resources checked and note unsuccessful attempts. This affidavit supports your request for alternate notice.
3. Notice by Publication
When an heir’s name or address remains unknown, the personal representative must publish notice under Tex. Est. Code §202.052 (link). Publication requirements:
- Publish once weekly for three consecutive weeks in a newspaper of general circulation in the county where the probate court sits.
- File proof of publication with the probate court.
4. Alternative Notice Methods
Texas Estates Code allows posting a notice at the courthouse door under §202.002 (link) for at least ten days. Courts may accept combined methods if publication alone does not reach an heir.
Meeting these statutory requirements protects the estate and personal representative from future claims by undisclosed heirs. Courts review the scope of due diligence on a case-by-case basis, so document every action.
Helpful Hints
- Keep detailed records: maintain a log of contacts, searches and publications.
- Use professional genealogists if you hit dead ends.
- Check multiple newspapers in nearby counties when uncertain which has the widest circulation.
- Consult court clerks for guidance on approved publications.
- Review Tex. Est. Code Chapters 202 and V-A for comprehensive notice rules.