Detailed Answer
When you administer a probate estate in West Virginia, you must make a good-faith effort—known as “due diligence”—to locate and notify all heirs, including those whose identities and whereabouts are initially unknown. West Virginia law outlines specific steps to satisfy this requirement.
1. Search Probate Records and Public Documents
Begin by examining the decedent’s personal and financial records: wills, trusts, deeds, bank statements, tax returns, and correspondence. Check local courthouse records for prior marriages, divorces or guardianships. Search public databases for birth, marriage and death certificates.
2. Contact Known Relatives and Community Members
Interview living relatives, friends, clergy, employers and neighbors. They may know of other potential heirs or provide leads on unknown descendants. Keep detailed notes of each contact attempt.
3. Use Professional and Online Resources
Engage a genealogist or private investigator if necessary. Utilize online genealogical databases, obituary archives and social media searches. Document every resource consulted.
4. Service by Mail and Publication
If you cannot locate an heir after reasonable inquiry, you must attempt formal notice:
- First-class mail to last-known addresses.
- Service by publication in a newspaper of general circulation in the county of administration for at least six consecutive weeks (W.Va. Code § 44-2-13).
- Posting a copy of the notice on the courthouse door and mailing a copy to the Secretary of State if no address is known.
5. File an Affidavit of Due Diligence
After completing these efforts, prepare and file an affidavit with the court describing each step you took to locate unknown heirs. Include dates, names, methods used and any results.
By following these procedures, you satisfy the court’s requirement to make a good-faith effort under West Virginia law. If after publication and posting no one comes forward, the court may allow distribution to known heirs or appoint a guardian for unknown interests.
Helpful Hints
- Keep a detailed log of all searches and contacts.
- Use certified mail with return receipt for formal notices.
- Consult a genealogist early in complex family situations.
- Verify newspaper circulation in the decedent’s last county of residence.
- Review W.Va. Code § 44-1-10 for general notice requirements.
- File all affidavits and proof of publication promptly with the probate clerk.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.