Some personal representatives or executors have a very simple process ahead of them. The deceased individual created a thorough estate plan that identifies their chosen beneficiaries. They provided the names of the people who should inherit their assets. Other times, estate administration can be much more complicated due to a lack of prior planning.
During intestate estate administration, when there is no will, the personal representative must locate the heirs of the decedent. Heirs are people who have a legal right of inheritance under state statutes. How can personal representatives locate and identify heirs?
Heirs are usually immediate family members
Intestate succession laws aim to protect those who rely on the deceased individual and those who have close genetic or legal connections to them. Frequently, a surviving spouse may be the main heir of the person who dies without a will. Their children are also likely heirs.
Locating spouses and children is typically a simple process. The same is true of scenarios in which parents or siblings inherit from an intestate estate because the decedent did not have any surviving children or a surviving spouse.
The process may become more challenging when there are no immediate surviving family members to the knowledge of the personal representative. They may need to publish notice of estate administration, look at genealogy records and otherwise conduct a thorough investigation attempting to identify and locate surviving family members.
Personal representatives anticipating a complex probate process due to a lack of immediate family members may need assistance fulfilling the responsibilities of estate administration. Consulting with an attorney can make it easier for personal representatives to properly fulfill their legal responsibilities, including locating and notifying heirs.
