Detailed Answer
When someone dies in Mississippi, the personal representative must locate and notify all heirs. Due diligence means making a thorough, documented effort to find unknown or unlocated heirs.
Understanding Due Diligence
Due diligence requires active research. You must use reasonable methods to identify potential heirs and track their contact information.
Statutory Notice Requirements in Mississippi
Under Miss. Code Ann. § 91-7-121, if an heir’s residence is unknown, the court allows service by publication. You must:
- Publish notice once a week for four consecutive weeks in a newspaper of general circulation in the county where the decedent last lived.
- Post notice on the county courthouse bulletin board for 30 days.
After the publication period, the court deems unknown heirs served for all probate purposes.
Best Practices for Identifying Unknown Heirs
- Review decedent’s personal records: wills, family Bibles, diaries.
- Search vital records: birth, marriage and death certificates at the state Vital Records office.
- Examine county records: deeds, probates, obituaries and census data.
- Use online research: genealogical databases such as Ancestry.com or FamilySearch.org.
- Contact known relatives, friends and community leaders for leads.
- Consider a professional genealogist or private investigator when initial efforts stall.
Proof of Due Diligence
Maintain detailed records for each search step. Preserve copies of certificates, emails, call logs and the newspaper’s proof of publication. Attach this documentation to your probate filing.
Helpful Hints
- Begin your search immediately after appointment as personal representative.
- Cross-reference multiple sources to verify each lead.
- Track alternate spellings and name changes in your search logs.
- Keep all evidence organized by date and source.
- File affidavits of publication promptly to avoid delays.
Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney in Mississippi.