Disclaimer
This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in Florida for guidance on your specific situation.
Detailed Answer
When someone dies without leaving a complete list of family members or when records are scarce, the personal representative (often called an administrator) must make reasonable efforts to locate and verify all potential heirs. Florida law requires notice to known and unknown interested persons and, if necessary, a court determination of heirs. The following steps summarize the process under Florida Statutes Chapter 733.
1. Collect Existing Family Records
Begin by gathering any personal documents you can find. Look for wills, letters, family Bibles, address books, photographs with captions, or old tax forms. These often contain names, dates, and locations that form the basis of your search.
2. Search Public and Vital Records
Use county and state databases to find birth, marriage, divorce, and death certificates. Florida Vital Statistics may have records of close relatives. Property deeds, voter registration files, and court records can reveal addresses and family connections.
3. Publish Notice of Administration
If you cannot reach certain heirs, Florida law mandates publication of notice in a newspaper in the county where the estate is administered. See Fla. Stat. § 733.212(3) (link). This alerts unknown or missing heirs and allows them to claim their interest.
4. Utilize Online and Genealogical Resources
Online databases—such as the Social Security Death Index, Ancestry.com, or FamilySearch.org—can help trace family trees. Social media platforms and local historical societies may offer leads on surviving relatives.
5. Engage Professional Assistance
If your search yields limited results, consider hiring a genealogist or heirship investigator. These professionals specialize in tracing family lines and can conduct in-depth research in multiple jurisdictions.
6. Petition the Court for Determination of Heirs
If, after exhaustive efforts, you still have questions about rightful heirs, file a petition under Fla. Stat. § 733.213 (link). The court will review available evidence, may appoint a guardian ad litem for missing persons, and order additional notice if needed.
Helpful Hints
- Keep a detailed research log documenting sources, dates, and results.
- Check adjacent counties; families often moved across county lines.
- Verify names carefully—spellings and abbreviations can vary over time.
- Use local bar associations’ probate committees for referrals to genealogists.
- Review newspaper archives and obituaries for family connections.
- Confirm vital records through county clerk or state health department.
- Update the court and interested persons promptly when new heirs are found.