Detailed Answer
When you’re appointed as an administrator of a Kansas estate and you have limited information on heirs, Kansas law requires you to perform a “diligent search” to identify, locate, and verify potential heirs before distributing assets. Below is a step-by-step guide consistent with the Kansas Probate Code.
1. Review Available Records
Start by collecting all documents the decedent left behind or that exist in public files. Key sources include:
- Vital records (birth, marriage, death certificates) from the Kansas Department of Health and Environment (KDHE).
- Previous wills, trusts, and estate planning documents.
- Census records, military service files, and land deeds.
- Tax records, utilities, and banking statements.
2. Use Court-Ordered Notices
K.S.A. 59-2211 requires administrators to serve personal notice on known heirs and to publish notice in the official county newspaper for unknown heirs. The notice must run once a week for three consecutive weeks. Proper publication satisfies the court’s requirement that you “diligently search” for claimants. (See K.S.A. 59-2211.)
3. Leverage Online and Third-Party Resources
Genealogy databases (e.g., Ancestry.com), social media, and professional tracing services can locate relatives across the country. Contact county clerks in areas where the decedent lived or owned property. Public administrators in other counties may hold information if the decedent had unclaimed assets.
4. Verify Relationships
Once you’ve identified individuals, request certified copies of vital records (birth, marriage, death) to confirm family connections. Use sworn affidavits from credible witnesses when records are missing. In rare circumstances, Kansas courts may permit DNA testing to resolve disputes.
5. Document Your Search
Keep a written log of every search step, including dates of newspaper publications, notices sent by certified mail, website searches, and interview notes. The court will review your documentation when you petition for final settlement.
Disclaimer: This article is for educational purposes only and is not legal advice. For advice on your specific situation, consult a licensed Kansas attorney.
Helpful Hints
- Start early: A thorough search takes time—don’t wait until close to distribution deadlines.
- Check obituaries and funeral home records for family names and locations.
- Use multiple spellings of surnames when searching databases.
- Send certified mail with return receipt requested for personal notices.
- Consider hiring a professional heir-search firm if you hit dead ends.