Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Idaho probate administration, the court requires petitioners to locate and notify all heirs before distributing estate assets. When you cannot identify every heir through initial inquiries, you must exercise “due diligence” to find unknown heirs. Due diligence means a thorough, good‐faith effort using multiple reliable resources and methods.
Legal Requirement for Unknown Heirs
Under Idaho Code § 15-3-804, if any heir “is unknown to the petitioner,” the court directs notice by publication. The procedure for publication mirrors the notice to creditors under Idaho Code § 15-5-201. You cannot skip these steps until you have shown the court that you have diligently searched for missing heirs.
Steps to Demonstrate Due Diligence
- Gather Decedent Records: Review the will, trusts, deeds, tax records, employment files, and any address books or personal papers. These often list family members or contacts.
- Search Vital Records: Examine birth, marriage, divorce and death certificates at the Idaho Bureau of Vital Records and Health Statistics. Compare dates and locations to narrow down potential heirs.
- Consult Public Records: Use county recorder and assessor’s offices to check property transfers, deeds and liens. Search probate filings in neighboring counties.
- Check Online Databases: Access genealogical platforms, U.S. census records, military records, and social media for clues on family relationships and current addresses.
- Contact Known Relatives and Associates: Interview immediate family, close friends, employers, religious institutions and clubs. Ask for names, birth dates, or last known addresses of any additional family members.
- Use Professional Assistance: Hire a licensed private investigator or genealogist familiar with Idaho records if initial searches are inconclusive. Keep documentation of the services used and the results obtained.
- Document Every Effort: Maintain a log or affidavit listing each source searched, dates of contact, methods used, and names or records reviewed. Submit this documentation to the court when seeking permission to publish notice.
Notice by Publication
Once you establish due diligence yet remain unable to locate certain heirs, you petition the court for a publication order. The court will then require notice in a newspaper of general circulation in the county once a week for at least four consecutive weeks, per Idaho Code § 15-5-201. After completing publication, you file an affidavit of publication with the clerk to prove compliance. If no unknown heirs appear within the statutory period following the final notice, the court may allow distribution of the estate subject to any further court-approved contingencies.
Helpful Hints
- Start your search early to allow time for record requests and responses.
- Keep copies of all correspondence and records received.
- Cross-check surnames and maiden names to avoid missing distant relatives.
- Use certified mail for sending notices to known or reasonably located heirs.
- Review Idaho court forms and local rules for proper filing of affidavits and notices.
- Consult an attorney if you face complex genealogical issues or objections from potential heirs.