Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a decedent’s heirs are unknown, a personal representative must show due diligence under Oregon law. ORS 113.045 requires a representative to identify heirs before distributing estate assets. The court evaluates reasonable steps taken to locate and notify potential heirs.
Key elements of due diligence include:
- Public record research. Search county records for deeds, marriage licenses, wills and divorce filings. Check the Oregon Health Authority and other vital records.
- Family outreach. Contact known relatives or family friends. Ask for information about additional heirs.
- Online and social media search. Use names and aliases to search social media platforms, online directories and databases.
- Genealogical assistance. Consider hiring a professional genealogist or using reputable genealogy websites.
- Publication of notice. If direct notice fails, publish a summary notice in a local newspaper once a week for four weeks, as required by ORS 111.605. This satisfies service by publication in probate proceedings.
- Court filings. Provide the court with an affidavit detailing search efforts, including dates, sources checked and contacts attempted. Courts often require such proof before approving the issuance of notices.
Under ORS 113.045, if the representative cannot find certain heirs after reasonable efforts, the court may authorize distribution among known heirs. However, the representative must document each step to prevent future challenges and claims.
Helpful Hints
- Start early. Begin heir searches before filing the probate petition to avoid delays.
- Keep detailed records. Maintain logs of inquiries, search databases and publication timelines.
- Leverage technology. Use online archives, newspaper databases and public record portals.
- Consult experts. Genealogists and private investigators can add credibility to your search.
- Meet deadlines. Follow timeframes set by the court and ORS 111.605 for publication.
- Review local rules. Some Oregon counties impose additional notice requirements in probate matters.