Detailed Answer
In Arkansas probate administration, courts require administrators and personal representatives to exercise due diligence when identifying and notifying unknown heirs. Due diligence means a thorough, systematic effort to locate heirs or legally recognized successors. You must show your steps to the court before distributing estate assets.
Statutory Notice Requirements
State law prescribes specific notice procedures. Under Ark. Code Ann. § 28-43-307(a) (Notice by Publication), if an heir’s address remains unknown after a diligent search, you must publish notice in a newspaper of general circulation in the county of administration for at least three consecutive weeks. Ark. Code Ann. § 28-43-308 (Proof of Publication) requires filing an affidavit of publication before the court.
Reasonable Search Steps
- Examine the decedent’s personal papers: wills, letters, diaries, and address books.
- Review vital records: birth and death certificates, marriage licenses, and census data.
- Search property and tax records at the county recorder’s office.
- Check court filings: prior probates, guardianships, and civil case records.
- Interview known family members, friends, and associates for potential leads.
- Use online databases and genealogical research tools.
Mail and Electronic Notice
If you locate a forwarding address, send a certified letter with return receipt requested. When only an email address is available, combine electronic notice with a published notice as required by Ark. Code Ann. § 28-43-307(b).
Disclaimer: This article does not constitute legal advice. Consult a licensed attorney to evaluate your specific situation.
Helpful Hints
- Document every search step, including dates, sources, and outcomes.
- Keep copies of mailed notices and return receipts in your file.
- Choose local newspapers with the broadest circulation for publication.
- Consider hiring a professional genealogist for complex or extensive family trees.
- File all affidavits of diligence and publication promptly to meet court deadlines.
- Maintain organized records to provide clear proof of due diligence to the probate court.