Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In New Hampshire probate administration, courts require personal representatives to exercise due diligence when identifying and notifying heirs whose identities or whereabouts are unknown. Due diligence means a systematic, reasonable effort tailored to the facts of the estate. RSA 556:6 outlines the notice requirements when some heirs cannot be located.
1. Review Family Records and Public Documents
- Examine the decedent’s personal files: wills, trusts, address books, and correspondence.
- Obtain vital records (birth, marriage, death certificates) from the New Hampshire Division of Vital Records Administration (https://www.dhhs.nh.gov/dphs/vital-records).
- Search probate dockets in counties where the decedent lived or owned property.
2. Conduct Standard Database and Internet Searches
- Use genealogical databases (e.g., Ancestry.com, FamilySearch.org) to trace family lines.
- Check social media, online phone directories, and public records databases.
3. Engage Professional Help When Necessary
- Hire a private investigator or heir‐finder when initial efforts fail to locate next of kin.
- Consult a probate attorney for complex family structures or out‐of-state heirs.
4. Publish Notice for Unknown Heirs
If after reasonable effort you cannot identify or locate all heirs, RSA 556:6 requires the clerk to publish a notice:
- Once in a newspaper of general circulation in the county where the decedent was domiciled. (RSA 556:6)
- Include decedent’s name, date of death, and a deadline for submitting a claim or appearance.
5. File Proofs of Service and Publication
- File affidavits showing publication date, newspaper name, and circulation area.
- Document all mailed notices to known heirs with certificate of mailing.
Helpful Hints
- Start heir searches immediately after appointment as personal representative.
- Keep detailed logs of every search method, date, and outcome.
- Confirm publication deadlines with the probate court to avoid delays.
- Consider statewide search if the decedent had ties to multiple counties.
- When in doubt, discuss complex searches with your probate judge or counsel.