Detailed Answer
When someone dies without a complete list of relatives, the court-appointed administrator must use every reasonable method to locate and verify potential heirs under Alaska law. This process protects the decedent’s estate and ensures assets pass to the correct persons.
1. Review Decedent’s Personal Records
Begin by examining the will (if any), address book, email contacts, social media profiles, family letters, and tax returns. These documents often list relatives’ names, addresses, and phone numbers.
2. Search Public and Vital Records
Access birth, marriage, and death certificates through the Alaska Division of Vital Records. Check property deeds at the borough recorder’s office and review probate indexes for older family estates. Court records may include divorce or guardianship files naming children or spouses.
3. Use Genealogical and Online Resources
Genealogy websites (e.g., Ancestry.com) and public databases can help trace family trees. Local historical societies and public libraries often maintain obituary archives and cemetery records. Social media platforms and professional networks may reveal living relatives.
4. Publish a Notice to Unknown Heirs
If addresses remain unknown after reasonable inquiry, Alaska law allows publication. Under AS 13.16.040, the administrator must publish notice in a general-circulation newspaper in the borough where the decedent lived. This satisfies due diligence and protects the estate from later claims. AS 13.16.040
5. Conduct a Court-Supervised Heirship Proceeding
If heirs remain unidentified, file a petition to determine heirship under AS 13.12.240. The court may appoint a commissioner to take testimony and affidavits. Witnesses—friends, neighbors, or clergy—can attest to family relationships under oath.
6. Verify Information and Update the Court
Once potential heirs are identified, collect proof of relationship: birth certificates, marriage licenses, adoption decrees, and sworn affidavits. File a verified list of heirs with the probate court. Failure to perform a diligent search can lead to personal liability for the administrator under AS 13.12.205. AS 13.12.205
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Keep a detailed research log of every database searched and publication run.
- Contact local bar associations for free or low-cost probate clinics.
- Use certified copies of vital records to avoid document challenges.
- Consult with a genealogist if the family tree is complex or spanning multiple states.
- Maintain open communication with the court to confirm procedural deadlines.