How to Identify and Notify Unknown Heirs in Kansas Probate

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When a person passes away in Kansas, the personal representative must make a thorough effort to locate and notify all potential heirs. Kansas law does not define “due diligence” with a precise checklist, but courts look for reasonable and documented steps taken to find unknown heirs before distributing assets.

1. Review Estate Records and Personal Documents

Begin by examining the decedent’s personal papers—wills, trusts, tax returns, address books, social media profiles, and correspondence. These sources often list relatives or beneficiaries.

2. Interview Family, Friends, and Associates

Speak with known family members, close friends, and employers. Collect names, last known addresses, and contact details of potential heirs.

3. Conduct Public Records Searches

Search birth, marriage, divorce, and death records in county courthouses. Review voter registration, property records, and court filings. Genealogical databases and skip tracing services can help locate hard-to-find heirs.

4. Publish Notice in Newspapers

While Kansas statutes focus on creditor notices (K.S.A. 59-615), many courts expect similar publications for unknown heirs. Publish a notice in the county where the decedent resided, and if needed, in counties where they previously lived. Typical publication runs for three consecutive weeks.

5. File an Affidavit of Diligent Search

If no heir responds, file an affidavit or sworn statement outlining all steps taken. This document helps the court determine that you exercised due diligence.

Helpful Hints

Keep detailed notes of all search efforts and communications.
Use online genealogy resources like Ancestry.com or FamilySearch.org.
Consider hiring a professional genealogist or skip tracer for complex estates.
Check social media platforms for potential leads on heirs.
Consult local newspaper archives for obituaries and family notices.
File for a determination of heirship if you identify relatives outside Kansas.