What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in CT? | Indiana Probate | FastCounsel
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What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in CT?

Detailed Answer

When you administer an estate in Connecticut, you must identify and notify all heirs at law, even those you cannot initially locate. Connecticut law defines “parties in interest” to include heirs at law, whether known or unknown (Conn. Gen. Stat. §45a-316).

1. Conducting Reasonable Searches

Begin by thoroughly reviewing the decedent’s personal and financial records. Key steps include:

  • Checking personal files: wills, address books, diaries, email accounts and tax returns.
  • Examining public records: land deeds, marriage and divorce certificates, birth and death records.
  • Searching newspaper archives and online obituary databases.
  • Consulting the Social Security Death Index and voter registration lists.
  • Utilizing genealogical services or databases to trace family trees.

2. Serving Notice by Publication

If an heir’s address remains unknown after reasonable efforts, Connecticut law requires notice by publication. Follow these steps:

  • File a motion with the probate court requesting a citation for service by publication per Conn. Gen. Stat. §45a-131 (link).
  • Publish the citation at least once in a newspaper within the district where the decedent resided.
  • Ensure publication occurs no fewer than ten days before the hearing date specified in the citation.
  • Obtain and file an affidavit of publication from the newspaper to prove compliance.

3. Maintaining Records and Affidavits

Document all search efforts and notices to demonstrate due diligence:

  • Keep logs of databases searched and individuals contacted, noting dates and search terms.
  • Save copies of emails, letters and certified mail receipts.
  • File affidavits of publication and certificates of service with the probate court docket.

Helpful Hints

  • Start research early to allow sufficient time for publication deadlines.
  • Combine online searches with visits to local libraries and town halls.
  • Use both local newspapers and broader-circulation publications for maximum reach.
  • Visit the Connecticut Probate Court website for guidance on approved newspapers: jud.ct.gov/probate.
  • When in doubt, consult a Connecticut probate attorney to review your process.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.