Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney regarding your specific situation.
Detailed Answer
Under Wisconsin law, the personal representative must take all reasonable steps to locate known and unknown heirs before distributing estate assets. Failure to exercise due diligence can expose the representative to personal liability. Key steps include:
1. Review Available Records
Begin with all decedent documents: wills, trusts, insurance policies and prior estate plans. Examine birth, marriage and death records. Wisconsin’s intestacy statutes define who qualifies as an heir—see Wis. Stat. §852.01 (order of distribution).
2. Interview Family and Associates
Speak with surviving relatives, friends and clergy. Ask about extended family, former spouses and potential children. Document each inquiry and its outcome.
3. Search Public and Online Databases
Use census data, property deeds, voter registrations and social media. Title and genealogical services can reveal hidden heirs. Cross-check names, birthdates and locations.
4. Publish Notice When Addresses Are Unknown
If an heir’s address remains unknown, Wisconsin law allows notice by publication. Under Wis. Stat. §859.06, you must run the notice once a week for three consecutive weeks in a newspaper of general circulation in the county where the probate is pending. The notice must state the estate number, the personal representative’s name and a deadline—usually four months after the date of first publication—to file a claim or appearance.
5. File Affidavits of Due Diligence
After publication, the representative files an affidavit detailing all efforts to locate unknown heirs. Courts review these affidavits when approving final distributions. Documentation should include dates, persons contacted and search results.
6. Court Approval and Bond
The probate court will review your due diligence efforts. If satisfied, the court may grant final discharge. Wis. Stat. §851.11 sets timing and content of notices to known heirs and interested parties. You may need to post bond if heirs are missing or contested.
Helpful Hints
- Maintain a detailed log of all contacts and search steps.
- Request certified vital records from state or county registrars.
- Use a professional genealogist for complex family trees.
- Check tribal enrollments if the decedent had Native American ancestry.
- Consult the probate court clerk early for local newspaper requirements.
- File your due diligence affidavit promptly to avoid distribution delays.
- Consider appointing a successor representative if efforts to locate heirs continue past statutory deadlines.