This article is for informational purposes only and does not constitute legal advice.
Due Diligence for Identifying and Notifying Unknown Heirs in Alabama Probate
Understanding Alabama’s Notice Requirements
In Alabama, a personal representative must notify all known heirs and beneficiaries of probate proceedings. See Ala. Code § 43-2-231. If you cannot locate an heir after a diligent search, you must publish notice under Ala. Code § 43-2-353 and comply with publication rules in Ala. Code § 43-2-355.
Conducting a Comprehensive Heir Search
Alabama courts expect you to make reasonable efforts to identify and locate heirs. A diligent search typically includes:
- Reviewing the decedent’s personal records, such as wills, letters, emails and social media.
- Interviewing family members, friends and colleagues to gather names and last known addresses.
- Searching public records: birth, marriage and death certificates; property and probate filings; voter registration; and customer databases.
- Checking online obituary databases, genealogy sites and social media platforms.
- Consulting local newspapers and archives for notices of births, marriages or previous estate actions.
Publication Requirements for Missing Heirs
If your search fails to identify an heir’s address, Alabama law requires notice by publication in a newspaper of general circulation in the county where the estate is administered. You must:
- Publish the notice once a week for at least four consecutive weeks.
- Include the estate’s case number, the personal representative’s name and the deadline for filing claims.
- File proof of publication with the court before distributing assets.
Helpful Hints
- Keep a detailed log of all search activities, including dates, methods and sources.
- Obtain certified copies of public records to validate your search process.
- Consider hiring a professional genealogist for complex family structures.
- Verify publication deadlines and court filing requirements with the probate clerk.
- Consult a qualified probate attorney to review your notice plan and prevent delays.