Detailed Answer
Under Virginia law, a personal representative must take all reasonable steps—known as “due diligence”—to identify and notify unknown heirs before distributing an estate. The goal is to ensure each person entitled to inherit has an opportunity to participate in the probate process.
1. Legal Framework
Virginia Code § 64.2-615 (Notice to Distributees; Unknown Heirs) requires personal representatives to use due diligence in locating heirs. If names or addresses remain unknown after diligent search, the representative may petition the court to allow notice by publication.
2. Conducting a Diligent Search
“Due diligence” typically includes:
- Reviewing decedent’s personal and financial records: bank statements, tax returns, insurance policies, wills, and deeds.
- Contacting known family members and close friends for leads on potential heirs.
- Searching public records: land records, marriage and birth certificates, voter registration, and DMV records.
- Consulting online databases and genealogy resources (e.g., Ancestry.com, public vital records).
- Checking local newspapers, social media, and obituary archives for mentions of relatives.
- Hiring a professional genealogist when the family history is complex or unclear.
3. Notice by Mail
If you discover a potential heir’s name and address, send a notice by first-class mail. This complies with the personal-service requirement under Virginia Code § 64.2-614 (Notice to Distributees). Retain proof of mailing (e.g., certificate of mailing or delivery confirmation).
4. Petition for Notice by Publication
If an heir’s address remains unknown after diligent search, file a petition with the probate court asking permission for notice by publication. Under § 64.2-615(B), once the court approves, publish the notice once a week for four consecutive weeks in a newspaper of general circulation in the county where the decedent resided.
5. Affidavit of Due Diligence
Before publication, you must file an affidavit detailing all efforts to locate unknown heirs, as required by Virginia Code § 64.2-616 (Affidavit Required Prior to Publication). The affidavit should list dates, names, sources checked, and any contacts made.
6. Time Limits and Escheat
Unknown heirs have three months from the first publication date to file a claim. If no one appears, the estate assets may escheat to the Commonwealth under § 64.2-722 (Escheat to the Commonwealth). Always track deadlines carefully to avoid unintentional forfeiture.
Helpful Hints
- Document every search step: keep copies of records reviewed and calls made.
- Use a spreadsheet to track potential heirs, contact info, and search status.
- Check both county courthouse and state archives for out-of-state records.
- Consider background checks when public records offer limited information.
- Consult the local clerk of court for recommended newspapers for publication.
- File your affidavit of due diligence promptly to avoid delays.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult an attorney licensed in Virginia for guidance on your specific case.