Due Diligence for Identifying and Notifying Unknown Heirs in California Probate
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent’s heirs remain unknown, California courts require the personal representative (executor or administrator) to take reasonable steps—known as “due diligence”—to locate and notify them before distributing estate assets. The procedures appear in California Probate Code §§ 13100–13116.
1. Identification Efforts
Start by reviewing the decedent’s personal papers, address books, family Bibles and digital records. Interview relatives, close friends, employers and neighbors. Use public records—such as birth, marriage and death certificates—and consider genealogical databases or adoption registries.
2. Notice by Mail
If you discover possible heirs and obtain their addresses, send a written notice by first-class mail. Retain proof of mailing. See Cal. Prob. Code § 13102.
3. Notice by Publication
If you cannot find valid addresses or if mailings are returned undelivered, publish a notice once a week for four consecutive weeks in a newspaper of general circulation in the county where probate is filed. The notice must state the decedent’s name, the probate case number and instructions for filing a claim. See Cal. Prob. Code § 13101.
4. Additional Means of Notice
If notice by mail and publication fails to reach unknown heirs, the personal representative must employ other reasonable methods—such as telephone calls, social media searches or hiring a professional genealogist—to locate and notify them. See Cal. Prob. Code § 13103.
5. Court Review and Further Orders
The court reviews your declaration of due diligence. If satisfied, it approves the notice plan and sets deadlines. If not, it may order additional efforts or extend timeframes.
6. Claim Deadlines
Unknown heirs have four months from the date of first published notice—or 60 days after mailing notice, whichever is longer—to file a petition or claim. See Cal. Prob. Code § 13104.
Helpful Hints
- Document every step with dates, communications and supporting records.
- Use local resources like county clerk indices, voter rolls and property records.
- Consider hiring a professional genealogist or probate researcher for complex cases.
- Track all inquiries and responses with spreadsheets or case management software.
- Monitor deadlines closely to avoid barring potential heirs from claiming an inheritance.