Due Diligence for Identifying and Notifying Unknown Heirs in Delaware Probate Administration
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
In Delaware probate administration, a personal representative must demonstrate due diligence in locating and notifying heirs before distributing estate assets. Delaware law balances efficient administration with the rights of unknown heirs.
Statutory Requirements
Under Delaware Code, a personal representative must:
- Provide personal notice to known heirs as detailed in 12 Del. C. § 906.
- Publish notice in a newspaper of general circulation in the county of administration for three consecutive weeks to reach unknown heirs per 12 Del. C. § 907.
Practical Steps for Due Diligence
- Review the decedent’s documents: will, trusts, beneficiary forms, and correspondence.
- Search public records: birth, marriage, death indexes; court filings; land records.
- Examine genealogical sources: census records, obituaries, cemetery records, and social media.
- Contact relatives and close associates: interview family members, friends, or clergy.
- Engage professional assistance: consult a genealogist or private investigator when records are sparse.
- Document all efforts: maintain a log of searches, mailings, phone calls, and publication proofs.
Once these steps are complete, file an affidavit or certificate of service with the court to demonstrate compliance with statutory notice requirements. Courts generally accept reasonable, documented efforts as due diligence. Failure to conduct thorough searches can expose the estate to later challenges by undiscovered heirs.
Helpful Hints
- Keep a detailed diary of each search method and outcome.
- Use certified mail with return receipt for personal notices.
- Monitor newspapers online and in print for published notices.
- Check veterans’ records or fraternal organizations for additional leads.
- Verify contact information using multiple sources.
- Consult probate court clerks for local publication requirements.