Detailed Answer
In Nevada probate, a personal representative must exercise due diligence to identify and notify all heirs, including those who are unknown or missing. Nevada law recognizes that without a comprehensive search and proper notice, unknown heirs may forfeit rights to inheritance.
Legal Requirements Under Nevada Law
- Statutory Notice to Known and Unknown Heirs. Nevada Revised Statutes (NRS) Chapter 133 governs notice in probate administration. Section 133.050(2) requires notice by publication when the personal representative cannot locate an heir by reasonable diligence. NRS 133.050.
- Proof of Due Diligence. Under NRS 133.055, the personal representative must file affidavits documenting efforts to identify and locate missing heirs before the court will authorize notice by publication. NRS 133.055.
- Court Approval. The court reviews the search methods and, if satisfied, enters an order permitting notice by publication. If heirs later appear, the court may modify distributions.
Practical Steps for Due Diligence
Follow these steps to satisfy Nevada’s standard of reasonable diligence:
- Gather Known Family Information: Interview immediate family and review decedent’s papers for names, addresses, obituaries or correspondence.
- Search Public Records: Check birth, marriage, death certificates; land and property records; voter registrations; and court filings in counties where the decedent lived.
- Use Online Databases: Access genealogy sites, social media, and paid people‐finder services to locate potential heirs.
- Check Government Lists: Search unclaimed property databases (Nevada Treasurer’s office) and Social Security death index for relatives.
- Contact Attorneys and Genealogists: When the family tree is complex, consider a professional genealogist or an attorney familiar with probate searches.
- Publish Notice: If efforts fail to reach unknown heirs, publish notice in a newspaper of general circulation in the county of the decedent’s last residence, as mandated by the court’s order.
Helpful Hints
- Document Everything: Maintain records of phone calls, emails, certified mail receipts, and search logs. Courts scrutinize documentation.
- Use Multiple Sources: Combine courthouse, archival and online research for a thorough search.
- Time Is of the Essence: Begin the search promptly after appointment to meet statutory deadlines for service and publication.
- File Affidavits Properly: Attach detailed affidavits of due diligence to probate filings to avoid delays in approval of notice by publication.
- Monitor Responses: After publication, monitor for returned proofs of claim or appearance by unknown heirs so you can amend distributions if needed.
- Consult an Attorney: While this overview explains basic steps, a Nevada probate attorney can tailor the search to your case.
Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed Nevada attorney.