Detailed Answer
When an individual dies without clear family records, the administrator must take systematic steps to locate and verify potential heirs before distributing assets. Wisconsin law sets guidelines to ensure fair notice and proper distribution under intestacy statutes.
1. Gather Existing Records
Begin by collecting all documents related to the decedent. Look for:
- Birth, marriage and divorce certificates
- Social Security statements
- Bank and insurance policies
- Address books, diaries or correspondence
These items often reveal family names, dates and locations.
2. Search Public and Court Records
Use state and local repositories:
- Wisconsin Vital Records Office – order certified birth, death and marriage certificates (see Wis. Stat. § 69.20: docs.legis.wisconsin.gov/statutes/statutes/69/20)
- County Register of Deeds – trace property transfers listing relatives
- Probate Court Files – review previous estate or guardianship proceedings
- Local Newspapers and Obituary Archives – find notices that mention survivors
3. Leverage Online and Genealogical Resources
Access databases like Ancestry.com, FamilySearch.org or the Social Security Death Index. Cross-reference names, birthplaces and family trees. Confirm connections by matching dates and locations.
4. Publish and Mail Notice
State law requires notice both to creditors and to heirs:
- Publish a class 1 notice in the county newspaper where the decedent lived.
- Mail notices to all known or reasonably ascertainable heirs (Wis. Stat. § 859.13: docs.legis.wisconsin.gov/statutes/statutes/859/13).
Publishing not only alerts unknown heirs but also limits later challenges to the estate’s distribution.
5. Consult Professionals
If records remain incomplete, consider:
- Hiring a licensed genealogist or private investigator experienced in heir searches
- Working with a special administrator appointed to locate unknown heirs
6. File a Petition for Determination of Heirs
If you cannot identify all heirs, file a formal petition under Wis. Stat. § 856.01 (docs.legis.wisconsin.gov/statutes/statutes/856/01). The court may order expanded notice, appoint a guardian ad litem or set deadlines to conclude the search.
Disclaimer: This article provides general information under Wisconsin law. It does not constitute legal advice. For guidance tailored to your circumstances, consult a qualified attorney.
Helpful Hints
- Keep organized records of every search and contact.
- Check vital records in adjacent counties if the decedent moved.
- Use social media or online directories to locate distant relatives.
- Verify name variations, nicknames and maiden names in your search.
- Obtain affidavits or tear sheets as proof of published notices.
- Always confirm relationships with certified vital records.