Understanding Due Diligence in Louisiana Probate Administration
In Louisiana, probate administrators must take reasonable steps to locate and notify all heirs before court approval of an estate distribution. “Due diligence” means documenting thorough, good-faith efforts tailored to the facts of each estate.
Statutory Requirements for Notifying Unknown Heirs
- Notice by Publication: If an heir’s address remains unknown after diligent inquiry, publish notice once a week for four consecutive weeks in the parish journal and a statewide legal journal, as required by LSA-R.S. 13:345.
- Service by Mail: Send written notice to each known heir at their last known address by certified mail with return receipt requested.
Practical Steps to Identify Unknown Heirs
- Review Personal Records: Examine the decedent’s files for diaries, letters, address books and family bibles.
- Consult Vital Records: Search birth, marriage, divorce and death records at the Louisiana Department of Health’s Vital Records repository.
- Interview Family and Friends: Speak with close relatives, friends and former neighbors to gather names and contact details.
- Search Online Databases: Use genealogical websites, social media and newspaper obituary archives.
- Check Cemetery and Funeral Home Records: Review burial registers for next-of-kin information.
- Hire Professionals When Needed: Engage a genealogist or private investigator for complex family trees.
- Document Every Effort: Keep a log of calls, mailings, publications and search results to show the court.
Disclaimer: This article provides educational information and does not constitute legal advice. Consult a licensed Louisiana attorney for guidance specific to your situation.
Helpful Hints
- Start your heir search immediately after appointment to avoid probate delays.
- Use multiple sources—public records, personal interviews and online tools—to cast a wide net.
- Maintain accurate records of all searches, mailings and publications for court review.
- File affidavits or status reports of your due diligence with the court to document compliance.
- Watch statutory deadlines for notice publication and service to protect all heirs’ rights.