Detailed Answer
When an estate administrator in Delaware has only limited information about potential heirs, you must take a structured approach. Delaware law requires you to identify and verify heirs before you can distribute assets under intestacy rules. Under 12 Del. C. § 307, you must locate all next of kin or legally recognized heirs.
Step 1: Compile Known Data
Start by gathering every piece of information you have: full names, dates of birth or death, last known addresses, and family relationships. Even small details can lead you to vital records or public entries.
Step 2: Search Public Records
Use Delaware’s Division of Public Health (Vital Statistics) for birth and death certificates. Check county land records for deeds and mortgages. County clerk’s offices may hold marriage licenses or probate filings that mention heirs.
Step 3: Leverage Online Databases
Consult the Social Security Death Index and commercial genealogy services. They can reveal family connections, name variants, and migration patterns. Cross-reference findings against known data to spot matches.
Step 4: Contact Agencies and Institutions
Reach out to former employers, unions, or military records repositories. They often maintain next-of-kin information. If the decedent received public benefits, agencies may list beneficiaries in their files.
Step 5: Verify Relationships Legally
Once you locate a potential heir, confirm the relationship. Use certified copies of birth or marriage certificates. Delaware courts accept affidavits of heirship for remote relatives. Your appointment as administrator grants you investigatory powers under 12 Del. C. § 203.
Step 6: Document Your Diligence
Keep records of every search, correspondence, and result. Judges review your due diligence before approving final distributions. Detailed logs protect you from claims of negligence.
Helpful Hints
- Use multiple name spellings and initials when searching databases.
- Check newspaper archives for obituaries that list survivors.
- Search social media for family reunions and memorial pages.
- Consider hiring a professional genealogist for complex family trees.
- File a motion with probate court if you need subpoenas for private records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.