Detailed Answer
Locating and verifying heirs is a critical duty of an estate administrator under Oregon law. When the only information available is limited, follow these steps to fulfill your responsibility and comply with state statutes:
- Review Probate and Estate Records. Start with the decedent’s probate petition, will (if any), and any ancillary documents. These records may list family members, prior addresses or employment history. Refer to ORS 111.201 for definitions of heirs and devisees.
- Search Public and Vital Records. Visit the county clerk’s office for deeds, mortgages, voter registration, tax assessments and court filings. Contact the Oregon Health Authority’s Vital Records Division for certified birth, marriage and death certificates. These primary documents help establish family links.
- Publish Notice in Newspapers. If heirs remain unknown or cannot be located, publish notice of administration in a newspaper of general circulation in the county where the estate is administered. This step is required under ORS 111.185 and ensures eligible heirs have an opportunity to come forward.
- Utilize Genealogical and Online Databases. Access census records, the Social Security Death Index, obituaries, cemetery records and reputable genealogy websites. Use corroborating documentation (e.g., certified certificates) to confirm the identity and relationship of each potential heir.
- Seek Professional Assistance. When local searches yield few results, consider retaining a professional genealogist or private investigator experienced in probate matters. They can conduct deeper research across multiple jurisdictions.
- File an Heirship Petition or Affidavit. After gathering evidence, file an affidavit of heirship or a formal petition with the probate court listing known and unknown heirs. Under ORS 111.195, the court can mandate further notice or schedule a hearing to resolve any disputes.
Oregon’s intestate succession statute (ORS 113.155) details the priority of relatives entitled to inherit when there is no will. Accurate verification requires gathering reliable documentary evidence and maintaining a clear audit trail of your searches.
Helpful Hints
- Document each source, date and result of your search efforts.
- Check multiple counties if the decedent moved during life.
- Contact local historical societies and libraries for archived records.
- Coordinate with the probate court clerk to meet all notice deadlines.
- Confirm current addresses using postal service address verification or skip-trace databases.
- Maintain professionalism and neutrality when contacting potential heirs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.