Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a decedent leaves no clear list of heirs, an administrator must conduct a thorough search using every available tool. Under the Illinois Probate Act (755 ILCS 5), administrators have a legal duty to locate all potential heirs before distributing assets.
1. Review Decedent’s Personal Records
Start by examining the decedent’s documents—wills, address books, journals, email and social media accounts. Look for names of family members, close friends or organizations.
2. Search Public and Government Records
- Vital records (birth, marriage, death): Request certified copies from the Illinois Department of Public Health (410 ILCS 535).
- Probate notices: Check county probate court filings for related estates.
- Property, voter registration and business filings: Available at county clerks and recorders’ offices.
- Unclaimed property databases: The Illinois State Treasurer maintains a list of unclaimed assets that may list next of kin.
3. Use Published Notices
Publish statutory notices in a newspaper of general circulation and in the county where the decedent resided, as required by 755 ILCS 5/6-7. This alerts unknown heirs to come forward.
4. Employ Professional Services
When leads dry up, consider hiring a genealogist or licensed private investigator experienced in heir tracing.
5. Verify Potential Heirship
To confirm that an individual qualifies as an heir, gather certified vital records and any relevant legal documents. In cases where records are scarce, Illinois law permits proof through affidavit:
- Affidavit of Death and Heirship: Recorded under 755 ILCS 5/11-4, this document lets witnesses attest to a person’s relationship to the decedent.
- Court determination of heirs: File a petition for determination of heirs. The court reviews your evidence and issues an order listing the lawful heirs.
Helpful Hints
- Keep a detailed research log: Note dates, sources and contacts.
- Consider name variations: Spellings can change over time.
- Check multiple jurisdictions: Decedent may have lived in or owned property in different counties.
- Leverage online genealogy platforms, but verify with certified documents.
- Document each step: Courts often require proof of diligence before approving final distributions.