Detailed Answer
In Iowa probate administration, “due diligence” refers to the thorough and systematic efforts a personal representative must take to locate and notify all heirs of a decedent’s estate. Under Iowa law, you must attempt to identify heirs using all reasonable means.
- Review Decedent Records: Examine the will, safety deposit box inventories, address books, tax returns, bank statements, and other personal papers for clues to potential heirs.
- Notify Known Heirs: Under Iowa Code § 633.15, send notice to all known heirs, devisees, and the surviving spouse as soon as practicable after appointment of the personal representative.
- Search Public Records: Check vital records (birth, marriage, divorce, death certificates), land and property records, court filings, and tax documents for family connections.
- Interview Acquaintances: Speak with friends, neighbors, former employers, or colleagues of the decedent to uncover additional family members or contacts.
- Use Genealogical Resources: Employ census data, obituary archives, cemetery registries, genealogy databases, and social media to extend your search. Consider hiring a professional genealogist for complex cases.
- Serve Formal Notices: Mail notices by certified mail with return receipt requested. Keep copies of mailed notices and delivery confirmations.
- Petition for Publication Notice: If an heir’s identity or address remains unknown, petition the court under Iowa Code § 633.36 for notice by publication. The court will typically require publication once a week for three consecutive weeks in a newspaper of general circulation in the county.
- Document Your Efforts: Maintain a detailed log of all searches, communications, and filings. This record will demonstrate compliance with due diligence requirements.
Helpful Hints
- Begin your heir search as early as possible to avoid delays in estate administration.
- Use trackable mailing methods when sending notices to ensure proof of delivery.
- Keep records organized in a single file or digital folder for easy reference during court hearings.
- Obtain written waivers of notice from heirs who acknowledge receipt and want to expedite the process.
- Consult the probate clerk or an attorney if you have questions about publication procedures or court deadlines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice tailored to your specific situation.