Detailed Answer
Under Rhode Island law, probate administrators must make reasonable, documented efforts—known as “due diligence”—to locate and notify all heirs entitled to share in an estate. R.I. Gen. Laws § 33-15-15 requires administrators to identify heirs by consulting known relatives and public records. When heirs remain unknown despite thorough inquiry, R.I. Gen. Laws § 33-15-27 permits notice by publication.
1. Define Unknown Heirs
Unknown heirs are individuals entitled under intestacy rules but whose identities or whereabouts are not readily available to the administrator.
2. Initial Family Inquiries
- Review the decedent’s personal papers: address books, letters, diaries.
- Interview close relatives and friends for names and last known addresses.
- Examine family Bibles, wills, trusts, and prior estate planning documents.
3. Public Record Research
- Search state and local vital records (birth, marriage, death certificates).
- Check land records, deeds, and probate filings at town clerk and county recorder offices.
- Review newspaper obituaries, census indexes, and voter registration lists.
4. Genealogical and Online Databases
Use genealogy websites and public databases to trace family trees. Consider hiring a professional genealogist for complex cases.
5. Notice by Publication
If an heir’s location remains unknown after exhaustive search, publish a notice in a newspaper of general circulation in the county of probate for three consecutive weeks. This procedure aligns with R.I. Gen. Laws § 33-15-27. Ensure the notice outlines the action, deadline, and court contact information.
6. Affidavit of Due Diligence
After completing searches and publication, file an affidavit with the Probate Court. The affidavit must detail each step taken—dates, methods, sources, and results—to demonstrate compliance with statutory requirements.
7. Court Review and Order
The Probate Court reviews the affidavit. If satisfied that due diligence has occurred, the court issues an order allowing distribution of the estate to the located heirs. If not, the court may direct further investigative efforts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Rhode Island for guidance specific to your situation.
Helpful Hints
- Maintain a detailed, dated log of all search actions and outcomes.
- Retain certified mail receipts and publication affidavits as proof.
- Use state resources at the R.I. Department of Health and local town clerk offices.
- Consider engaging a probate attorney or genealogist for complex family histories.
- File proof of publication promptly to avoid probate delays.