Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney with probate experience for guidance tailored to your situation.
Detailed Answer
Under Kentucky Revised Statutes (KRS) Chapter 395, personal representatives in probate administration must exercise due diligence to locate and notify all heirs before distributing the decedent’s estate. Due diligence involves making reasonable, documented efforts to identify those entitled to share in the estate.
Key steps in satisfying due diligence include:
- Reviewing decedent’s records such as wills, deeds, tax returns and family bibles for potential heir information.
- Searching public records databases, including property records, marriage and divorce records, birth and death certificates and court filings.
- Consulting with family members and close friends to map the family tree and uncover unknown relatives.
- Utilizing genealogical services or professional investigators when family connections are unclear or complex.
Kentucky law also requires publication of notice to unknown heirs. Pursuant to KRS 395.020, the personal representative must publish notice of appointment in a newspaper of general circulation in the county once each week for three consecutive weeks. After publication, the representative must file proof of publication with the court under KRS 395.080.
If an heir emerges after distribution, Kentucky courts will assess whether the personal representative acted in good faith and followed reasonable procedures. Maintaining detailed records of all searches, notices and publications provides evidence of due diligence and helps protect against later challenges.
Helpful Hints
- Maintain a log of search activities, noting dates, sources and findings.
- Send certified mail to last-known addresses of potential heirs and track delivery receipts.
- Check local and regional newspaper archives for obituaries and public notices.
- Consider online genealogy platforms to trace family connections at no cost.
- Keep filed notices, affidavits and publication proofs organized in a dedicated probate file.