Detailed Answer
Overview of Heir Identification in Arizona
A probate administrator must identify all heirs before distributing estate assets. Arizona probate law under A.R.S. Title 14 ensures due process for both known and unknown heirs.
1. Gather and Review Existing Records
Collect the decedent’s death certificate, will, trust documents, bank statements, insurance policies and employment files. Review family correspondence, photographs and address lists to compile potential names and relationships.
2. Search Public and Vital Records
Access county recorder and assessor offices for deeds and property tax records. Obtain birth, marriage and death certificates from the Arizona Department of Health Services. Consult court records for guardianships, adoptions and divorces to trace family links.
3. Utilize Online Resources
Search genealogical databases such as Ancestry.com and FamilySearch.org, plus social media platforms. Explore newspaper archives, obituaries and local library collections to locate mentions of relatives.
4. Publish and Mail Required Notices
Arizona law requires notice to both known and unknown heirs:
- Mail direct notice to known heirs and devisees at their last known addresses. (A.R.S. §14-3110)
- Publish notice in a newspaper in the county where probate is pending to reach unknown heirs. (A.R.S. §14-3111; §14-3112)
Notice statutes:
A.R.S. §14-3110,
A.R.S. §14-3111,
A.R.S. §14-3112
5. File a Petition for Determination of Heirship
If heirs remain unidentified, petition the court under A.R.S. §14-3108. The court can conduct hearings, take witness testimony and review documentary evidence to declare rightful heirs.
Heirship petition statute: A.R.S. §14-3108
6. Consider Professional Heir Search Services
Specialized genealogists, private investigators and heir-search firms access proprietary databases. They can locate missing heirs more efficiently and verify relationships through certified documentation.
Disclaimer
This article provides general information only and does not constitute legal advice. For guidance specific to your situation, consult a licensed Arizona probate attorney.
Helpful Hints
- Document every search effort with dates and sources.
- Use certified mail with return receipt for all notices.
- Cross-verify information from multiple records.
- Adhere to probate filing deadlines for notices and petitions.
- Maintain clear family trees using software or charts.