Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Under Illinois law, a personal representative must undertake a reasonably diligent search to locate all heirs before distributing estate assets. Courts evaluate “due diligence” by reviewing the steps taken to identify and notify potential heirs. Key components include:
- Review of Decedent’s Records
Examine wills, trusts, deeds, insurance policies and financial accounts for names, addresses or family contacts. - Family Interviews
Speak with spouses, children, siblings and close friends to gather names and contact details of other relatives. - Public and Online Records Search
Search marriage, birth and death records; Social Security Death Index; property records; and probate records in other jurisdictions. - Professional Assistance
Consider hiring a genealogist, private investigator or skip-tracer to locate hard-to-find heirs. - Notice by Mail
Send written notice to each discovered heir at the last known address via certified mail, return receipt requested. - Publication of Notice
If an heir’s address remains unknown after diligent efforts, the court may permit notice by publication. Under 755 ILCS 5/6-3, the personal representative must publish notice in a newspaper of general circulation in the county once a week for three consecutive weeks. (755 ILCS 5/6-3)
After publication, the representative must file an affidavit of publication with the court. The court treats unknown heirs as notified once publication concludes. This process protects the estate from later claims by heirs who step forward.
Why Due Diligence Matters
By following Illinois statutes and best practices, personal representatives minimize the risk of estate reopening. A court may set aside distributions if an heir proves they did not receive proper notice. Proper diligence ensures fair distribution and finality.
Helpful Hints
- Document every search step, source checked and correspondence sent.
- Maintain a spreadsheet of potential heirs with contact details and search dates.
- Use state databases (vital records, probate indexes) and free online tools.
- Obtain affidavits from witnesses familiar with the family tree.
- File a timely affidavit of publication to close the notification process.
- Consult an attorney if any heir’s claim emerges after distribution.