Disclaimer: This post provides general information only and is not legal advice.
Detailed Answer
Under Missouri law, personal representatives must conduct a thorough search to identify heirs and notify them of probate proceedings. Missouri Revised Statutes require a combination of record reviews, personal contacts, and public notices to satisfy due diligence.
1. Conducting a Thorough Search
Begin with a review of the decedent’s documents: wills, trusts, tax returns and financial statements. Access public records such as county birth, marriage and death certificates. Use resources like the Missouri Digital Heritage database (https://www.sos.mo.gov/mdh).
2. Interviewing Known Relatives and Associates
Contact close family members, friends and the decedent’s attorney. Ask for leads on other potential heirs. Document each inquiry.
3. Utilizing Online and Third-Party Resources
Search genealogical databases, social media and obituary archives. Consider hiring a professional genealogist or private investigator if necessary.
4. Publishing Notice for Unknown Heirs
If an heir’s address remains unknown, § 473.863 RSMo directs you to publish notice once a week for three successive weeks in a newspaper of general circulation in the probate county. (RSMo § 473.863)
5. Mailing Notice When Possible
When you discover an heir’s residence, send a written notice by certified mail with return receipt. Missouri courts accept this as proof of notice.
6. Filing Proof of Diligence
After publication and mailings, file affidavits or certificates of publication and mailing receipts with the probate court. Proper documentation protects the personal representative against later claims.
7. Addressing Remaining Unknown Heirs
If diligent efforts fail to locate additional heirs, Missouri law allows the court to close the estate after waiting the statutory period. If no heirs appear, the estate may escheat to the state under RSMo § 473.470. (RSMo § 473.470)
Helpful Hints
- Start your search early to avoid delays.
- Keep a detailed log of all search steps and contacts.
- Use multiple search methods simultaneously.
- Verify addresses through public and private databases.
- Consult genealogical experts for complex family trees.