Detailed Answer
Under South Dakota law, a personal representative must conduct reasonable, documented efforts to identify and notify potential heirs when their identity or location is unknown. What constitutes due diligence includes the following steps:
1. Initial Record Review
Examine the decedent’s personal documents—such as a will, family letters, address books and genealogical records—to gather names, birth dates and last known addresses. Search public records for vital statistics (birth, marriage, death) and property ownership in county offices and at the SDCL 29A-3-303.
2. Interviews with Relatives and Acquaintances
Contact known family members, friends and colleagues to obtain names and contact information for other relatives. These informal interviews often reveal nieces, nephews or cousins who might have an interest.
3. Genealogical and Database Research
Search online databases, census records and public archives. Consider hiring a professional genealogist to trace family trees. Keep a written log of all searches and findings.
4. Publication of Notice
If mail returns undeliverable or addresses are unknown, publish a notice in the official county newspaper and in a statewide newspaper. Publication requirements follow SDCL 29A-4-402. The notice must include the decedent’s name, estate number, court information and instructions for submitting a claim.
5. Affidavits and Court Filings
File affidavits of mailing and publication with the probate court. Include detailed documentation of your search efforts, dates and results. If no heirs respond within statutory deadlines, the court may allow distribution of the estate under intestacy rules.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed South Dakota attorney for guidance specific to your situation.
Helpful Hints
- Start your search immediately after appointment as personal representative.
- Keep a detailed log of every search step, date and outcome.
- Use county clerk and recorder offices to access marriage, land and probate records.
- Publish notices in both local and statewide newspapers per SDCL 29A-4-402.
- Consider professional genealogical services for complex family histories.