Disclaimer
This article is for educational purposes only and is not legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
In Arizona probate administration, personal representatives must make reasonable efforts—known as “due diligence”—to identify and notify unknown heirs. The goal is to ensure all potential heirs receive proper notice before estate distribution. Arizona law outlines specific steps:
- Search Public Records
Review property records, marriage and divorce indexes, birth and death certificates, voter registration, and county tax rolls. These records often reveal heirs’ names and last known addresses. - Review Decedent’s Documents
Examine the decedent’s will, trust documents, tax returns, insurance policies, address book, diaries, social media, and email for clues about family relationships and possible heirs. - Contact Known Relatives
Interview surviving family members, friends, former colleagues, and funeral home staff. They may know of children, siblings, or other descendants who lack current contact information. - Engage Professional Services
Consider hiring a genealogist or investigator to trace family lines, especially for complex or international family trees. - Publish Notice in Newspaper
If heirs remain unknown after a thorough search, publish notice once a week for four consecutive weeks in a newspaper of general circulation in the county of probate, as required by A.R.S. §14-3111 (link). - File Affidavit of Due Diligence
Prepare an affidavit detailing the steps taken to locate unknown heirs. Attach documentation of records searched, persons contacted, and publication notice. File this with the court to satisfy A.R.S. §14-3110 (link).
Complying with these requirements minimizes the risk of post-distribution claims. Courts expect a clear record of all efforts. Failure to perform due diligence can lead to delays or personal liability for the personal representative.
Helpful Hints
- Document every search step and communication.
- Keep copies of public-record printouts and affidavits.
- Use multiple sources—online databases, local archives, and social media.
- Engage a probate attorney for complex family structures.
- Verify publication requirements with the local county’s newspaper office.
- Maintain a timeline of actions and filing dates.