Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Washington, a personal representative must exercise due diligence to identify and notify all heirs, even those whose identities are not immediately known. Washington statutes and cases outline minimum steps and best practices.
1. Statutory Notice Requirements
Under RCW 11.28.150, the representative must publish a probate notice once a week for four consecutive weeks in a newspaper of general circulation in the county where the estate is administered. The representative must then file the original affidavit of publication with the court.
2. Public Records Search
Due diligence includes searching multiple government resources:
- Vital records (birth, marriage, divorce, death) via the Washington State Department of Health;
- County auditor and recorder land titles and deeds;
- Voter registration rolls and U.S. Census records;
- Social Security Death Index and local obituary archives;
- Military service records from the National Archives.
3. Family and Community Inquiry
Reach out to known relatives, friends, employers, and community organizations. Document all outreach efforts, such as calls, emails, letters, and in-person visits.
4. Professional Assistance
If initial efforts fail, consider hiring a professional genealogist or private investigator. These specialists often access subscription-based databases, probate records in other jurisdictions, and genealogical archives.
5. Continuing Diligence and Court Petitions
Due diligence continues throughout probate. If you later discover new potential heirs, notify the court and resend published notices as necessary. For additional guidance on special notice procedures, see RCW 11.28.075. If an heir remains unknown, you may petition the court for instructions or court-ordered procedures.
Helpful Hints
- Maintain a detailed log of all searches, inquiries, and publications.
- Consider publishing notices in multiple newspapers if heirs may live outside the decedent’s county.
- Use online genealogy resources like FamilySearch.org and Ancestry.com.
- Review the decedent’s personal papers, diaries, and correspondence for family clues.
- Consult an attorney if heirship questions become complex or disputed.